Claims Under the Uniform Fraudulent Transfer Act

• Author: Kevin R. Culhane
• Pages: 585-647

27-585

Chapter 27

Claims Under the Uniform

Fraudulent Transfer Act

§2700 Introduction

§2710 Elements of Plaintiff’s Cause of Action

§2720 Basic Information

§2730 Actually Fraudulent Transfers - Plaintiff to Defendant Debtor

§2740 Actually Fraudulent Transfers - Defendant Debtor to Plaintiff

§2750 Actually Fraudulent Transfers - Plaintiff to Transferee

§2760 Actually Fraudulent Transfers - Defendant Transferee to Plaintiff

§2770 Defenses in Actually Fraudulent Transfer Cases

§2780 Constructively Fraudulent Transfers - Plaintiff to Defendant Debtor

§2790 Constructively Fraudulent Transfers - Defendant Debtor to Plaintiff

§27100 Constructively Fraudulent Transfers - Plaintiff to Defendant Transferee

§27110 Constructively Fraudulent Transfers - Defendant Transferee to Plaintiff

§27120 Defenses in Constructively Fraudulent Transfer Cases

§2700 Introduction

§2710 Elements of Plaintiff’s Cause of Action

§2711 Actually Fraudulent Transfers

§2712 Defenses to Claims of Actually Fraudulent Transfers

§2713 Constructively Fraudulent Transfers

§2714 Defenses to Claims of Constructively Fraudulent Transfers

§2720 Basic Information

§2721 Information Regarding Defendant

§2721.1 Identification of Defendant

§2721.2 Personal Data Regarding the Defendant

§2721.3 Agency Relationships

§2721.4 Similar Claims and Legal Proceedings

§2722 Information Regarding Plaintiff

§2722.1 Personal Data Regarding the Plaintiff

§2722.2 Prior Actions for Fraudulent Transfer

§2730 Actually Fraudulent Transfers - Plaintiff to Defendant Debtor

§2731 Plaintiff’s Status as “Creditor”

§2732 “Transfer” of Interest in an “Asset”

§2732.1 Fact of “Transfer”

§2732.2 Transfer of an “Asset”

Model InterrogatorIes 27-586

§2733 Intent to Hinder, Delay, or Defraud Creditors

§2733.1 In General

§2733.2 Transfer to an Insider

§2733.3 Debtor’s Retention, Possession, or Control of Transferred Property

§2733.4 Transfer Concealed

§2733.5 Debtor Threatened With Suit

§2733.6 Transfer Involving Substantially All of Debtor’s Assets

§2733.7 Concealment of Assets by Debtor

§2733.8 Reasonably Equivalent Value

§2733.9 Insolvent Debtor

§2733.10 Substantial Debt Incurred

§2740 Actually Fraudulent Transfers - Defendant Debtor to Plaintiff

§2741 Plaintiff’s Status as a Creditor

§2742 Transfer of Interest in an Asset

§2742.1 Fact of “Transfer”

§2742.2 Transfer of an “Asset”

§2743 Intent to Hinder, Delay, or Defraud Creditors

§2743.1 In General

§2743.2 Transfer to an Insider

§2743.3 Debtor’s Retention, Possession, or Control of Transferred Property

§2743.4 Transfer Concealed

§2743.5 Debtor Threatened With Suit

§2743.6 Transfer Involving Substantially All of Debtor’s Assets

§2743.7 Concealment of Assets by Debtor

§2743.8 Reasonably Equivalent Value

§2743.9 Insolvent Debtor

§2743.10 Substantial Debt Incurred

§2750 Actually Fraudulent Transfers - Plaintiff to Transferee

§2751 Plaintiff’s Status as a Creditor

§2752 Transfer of Interest in an Asset

§2752.1 Fact of “Transfer”

§2752.2 Transfer of an “Asset”

§2753 Intent to Hinder, Delay, or Defraud Creditors

§2753.1 In General

§2753.2 Transfer to an Insider

§2753.3 Debtor’s Retention, Possession, or Control of Transferred Property

§2753.4 Transfer Concealed

§2753.5 Debtor Threatened With Suit

§2753.6 Transfer Involving Substantially All of Debtor’s Assets

§2753.7 Concealment of Assets by Debtor

§2753.8 Reasonably Equivalent Value

§2753.9 Insolvent Debtor

§2753.10 Substantial Debt Incurred

§2760 Actually Fraudulent Transfers - Defendant Transferee to Plaintiff

§2761 Plaintiff’s Status as a Creditor

§2762 Transfer of Interest in an Asset

§2762.1 Fact of “Transfer”

§2762.2 Transfer of an “Asset”

§2763 Intent to Hinder, Delay, or Defraud Creditors

§2763.1 In General

§2763.2 Transfer to an Insider

§2763.3 Debtor’s Retention, Possession, or Control of Transferred Property

§2763.4 Transfer Concealed

§2763.5 Debtor Threatened With Suit

27-587 claIMs under the unIforM fraudulent transfer act

§2763.6 Transfer Involving Substantially All of Debtor’s Assets

§2763.7 Concealment of Assets by Debtor

§2763.8 Reasonably Equivalent Value

§2763.9 Insolvent Debtor

§2763.10 Substantial Debt Incurred

§2770 Defenses in Actually Fraudulent Transfer Cases

§2771 Statute of Limitations - Plaintiff to Defendant

§2772 Statute of Limitations - Defendant to Plaintiff

§2773 Good Faith Defense - Plaintiff to Transferee

§2773.1 Transfer in Good Faith

§2773.2 Reasonably Equivalent Value

§2774 Good Faith Defense - Transferee to Plaintiff

§2774.1 Transfer in Good Faith

§2774.2 Reasonably Equivalent Value

§2780 Constructively Fraudulent Transfers - Plaintiff to Defendant Debtor

§2781 Plaintiff’s Status as a Creditor

§2782 “Transfer” of Interest in an “Asset”

§2782.1 Fact of “Transfer”

§2782.2 Transfer of an “Asset”

§2783 Reasonably Equivalent Value

§2784 Impaired Financial Condition

§2784.1 Insufficient Remaining Assets

§2784.2 Intent to Incur Debts Beyond Ability to Pay

§2784.3 Insolvent Debtor

§2790 Constructively Fraudulent Transfers - Defendant Debtor to Plaintiff

§2791 Plaintiff’s Status as “Creditor”

§2792 Transfer of Interest in an Asset

§2792.1 Fact of “Transfer”

§2792.2 Transfer of an “Asset”

§2793 Reasonably Equivalent Value

§2794 Impaired Financial Condition

§2794.1 Insufficient Remaining Assets

§2794.2 Intent to Incur Debts Beyond Ability to Pay

§2794.3 Insolvent Debtor

§27100 Constructively Fraudulent Transfers - Plaintiff to Defendant Transferee

§27101 Plaintiff’s Status as a Creditor

§27102 Transfer of Interest in an Asset

§27102.1 Fact of “Transfer”

§27102.2 Transfer of an “Asset”

§27103 Reasonably Equivalent Value

§27104 Impaired Financial Condition

§27104.1 Insufficient Remaining Assets

§27104.2 Intent to Incur Debts Beyond Ability to Pay

§27104.3 Insolvent Debtor

§27110 Constructively Fraudulent Transfers - Defendant Transferee to Plaintiff

§27111 Plaintiff’s Status as a Creditor

§27112 Transfer of Interest in an Asset

§27112.1 Fact of “Transfer”

§27112.2 Transfer of an “Asset”

§27113 Reasonably Equivalent Value

§27114 Impaired Financial Condition

§27114.1 Insufficient Remaining Assets

§27114.2 Intent to Incur Debts Beyond Ability to Pay

§27114.3 Insolvent Debtor