Adkisson's Voidable Transactions - previously known as - Fraudulent Transfers

Caution state

law variances!

Conforming

UVTA § 16. REPEALS; CONFORMING AMENDMENTS.

Reporter's Comment: If enacted by this State, the Uniform Fraudulent Conveyance Act should be listed among the statutes repealed.

(a) . . . .

(b) . . . .

(c) . . . .

JayNote: Technical addition

 

Legislative Note: The legislation enacting the 2014 amendments in a jurisdiction in which the act is already in force should provide as follows: (i) the amendments apply to a transfer made or obligation incurred on or after the effective date of the enacting legislation, (ii) the amendments do not apply to a transfer made or obligation incurred before the effective date of the enacting legislation, (iii) the amendments do not apply to a right of action that has accrued before the effective date of the enacting legislation, and (iv) for the foregoing purposes a transfer is made and an obligation is incurred at the time provided in Section 6 of the act. In addition, the enacting legislation should revise any reference to the act by its former title in other permanent legislation of the enacting jurisdiction.

 

 

UVTA - Logical Organization (Designed For Litigators)

Click here to go to the Voidable Transactions Decision Chart

Overview of UVTA -- The process and result

 

UVTA - Numerical Organization (Confusing & Difficult To Use)

The Uniform Law Commission's complete copy of the UVTA with comments in PDF format is available here. The webpage for the UVTA, showing states that have enacted and much other information regarding the Act is found here.

 

1 - Definitions

(1) Affiliate -- (2) Asset -- (3) Claim -- (4) Creditor -- (5) Debt -- (6) Debtor -- (7) Electronic -- (8) Insider -- (9) Lien -- (10) Organization -- (11) Person -- (12) Property -- (13) Record -- (14) Relative -- (15) Sign -- (16) Transfer -- (17) Valid Lien

2 - Insolvency

3 - Value

4 - Transfer Or Obligation Voidable As To Present Or Future Creditor

(a)(1) {Intent Test} -- (a)(2)(i) {Capitalization Test} -- (a)(2)(ii) Equity-Sense Insolvency Test

(b) {Badges of Fraud}

5 - Transfer or Obligation Voidable As To Present Creditor

(a) {Insolvency Test} -- (b) {Insider Preference Test}

6 - When Transfer Is Made Or Obligation Is Incurred

7 - Remedies Of Creditor

8 - Defenses, Liability, And Protection Of Transferee Or Obligee

{Main Provisions} -- (b) and (c) {Money Judgment}

9 - Extinguishment Of Claim For Relief

10 - Governing Law

11 - Application To Series Organization

12 - Supplementary Provisions

13 - Uniformity Of Application And Construction

14 - Relation To Electronic Signatures In Global And National Commerce

15 - Short Title

16 - Repeals; Conforming Amendment

 

 

Other Websites By Jay Adkisson

© 2017 Jay D. Adkisson. All rights reserved. No claim to government works or the works of the Uniform Law Commission. The information contained in this website is for general educational purposes only, does not constitute any legal advice or opinion, and should not be relied upon in relation to particular cases. Use this information at your own peril; it is no substitute for the legal advice or opinion of an attorney licensed to practice law in the appropriate jurisdiction.  This site http://www.voidabletransactions.com Contact: jay [at] jayadkisson.com or by phone to 949-200-7773 or by fax to 877-698-0678.