Common Law Fraudulent Transfer
The UVTA does not displace other law relating to fraudulent transfers, as UVTA § 12 makes clear. In many states, common law fraudulent transfer survives as a viable cause of action. While each state may vary its common law fraudulent transfer claim slightly, the following is a good example of how common law fraudulent transfer is stated:
“A party alleging a fraudulent transfer or conveyance under the common law bears the burden of proving either: (1) that the conveyance was made without substantial consideration and rendered the transferor unable to meeting his obligations or (2) that the conveyance was made with a fraudulent intent in which the grantee participated.”
Consedine v. Demeusy, 2015 WL 8487881, at *2 (Conn.Super., Nov. 17, 2015).
Common law fraudulent transfer is, in fact, often plead as an alternative cause of action to the UVTA claim. While usually redundant, there may be some instances where the common law fraudulent transfer claim survives, such as that it may have a longer effective Statute of Limitations than under the extinguishment provisions of the UVTA, since in some states the Statute of Limitations for a common law fraudulent transfer action does not begin to run until the creditor obtains a judgment against the debtor -- which may result in a far longer limitations period than the extinguishment period of the UVTA.
UVTA - Logical Organization (Designed For Litigators)
Overview of UVTA -- The process and result
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
Fraudulent Transfers In Bankruptcy
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
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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
Asset Protection Book
Information about the all-time best-selling book Asset Protection: Concepts & Strategies, by Jay Adkisson and Chris Riser (McGraw-Hill 2004), and also translated into Chinese for publication in Asia, is found here
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
Collecting On A Judgment
An overview of post-judgment enforcement procedures and tactics is found here
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 Contact: jay [at] jayadkisson.com or by phone to 949-200-7773 or by fax to 877-698-0678.