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

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:

 

§ 1(4) Creditor

§ 1(6) Debtor

§ 1(8) Insider and § 1(1) Affiliate

§ 1(14) Relative

§ 1(10) Organization and § 1(11) Person

 

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

 

Fraudulent Transfers In Bankruptcy

 

 

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.