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Caution state law variances!
Parties To A Voidable Transactions Case
A voidable transactions case fundamentally involves a creditor suing a transferee for an asset that was transferred to the transferee by the debtor. There are thus three parties that require definition: creditor, debtor, and transferee.
At a minimum, a voidable transactions case requires a creditor as the plaintiff and the transferee as the defendant. Whether the debtor must also be a defendant depends on local law. While the typical practice is to add the debtor as at least a "relief defendant", there may be situations where adding the debtor is not desirable, such as where the debtor has absconded and cannot be easily served. Note that the the creditor can normally obtain all the relief desired against the debtor directly by way of post-judgment enforcement procedures in the underlying action. However, in given jurisdictions, if the creditor desires to, for instance, obtain attorney's fees and costs against the debtor, then it will probably be necessary to add the debtor as a party.
The creditor is subject to a simple single definition as defined in § 1(4).
By contrast, the definition of what may constitute a debtor or transferee, or the characterization of such as an "insider" or "relative" is more complex, and may require the combined application of several definitions.
Definitions applicable to parties:
UVTA - Logical Organization (Designed For Litigators)
Learn The Vocabulary Of The Act
Learn The Vocabulary Of The Act (Main Page)
Step 1: Has A Voidable Transaction Occurred?
Step 2: Does the Transferee Have A Defense?
Step 3: What Remedies Are Available?
Other Helpful Provisions
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
5 - Transfer or Obligation Voidable As To Present Creditor
8 - Defenses, Liability, And Protection Of Transferee Or Obligee
10 - Governing Law
15 - Short Title
Voidable Transaction Decision Chart
A chart to assist in the determination of whether a fraudulent transfer has occurred, whether the transferee has a defense, and if a useful remedy is available. Click here
A collection of useful articles and other resources on the Uniform Voidable Transactions Act and fraudulent transfer law generally, click here
Expert - Consultant - Litigation
Expert witness, litigation consulting, and litigation services offered by Jay D. Adkisson, click here
Other Websites By Jay Adkisson
About Jay Adkisson
Jay's personal webpage with his background, lists of his books and articles, and past and future speaking appearances, are found at jayadkisson.com
Captive Insurance Companies
Jay is the author of Adkisson's Captive Insurance Companies, which is the all-time best-selling work on the subject, and a collection of his musings and articles about captives are found at captiveinsurancecompanies.com
An examination, with Jay's commentary, about the so-called Harmonized Acts (the Uniform Partnership Act, the Uniform Limited Partnership Act, and the Uniform Limited Liability Company Act) as they relate to charging orders, and a collection of Jay's articles on the subject, is found at chargingorder.com
Jay's award-winning and frequently cited website regarding various tax schemes and financial scams, with a popular comment board for those scams, is found at quatloos.com
Riser Adkisson LLP
For the website of Jay's law firm, Riser Adkisson LLP, and information about his legal services, see risad.com
© 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