Necessary Parties

Parties Mainpartiesnecessary

PARTIES TO A VOIDABLE TRANSACTION 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 whether a transferee may be characterized as an "insider" or "relative" of the debtor, is more complex and may require the combined application of several definitions.

Definitions applicable to parties:





ARTICLES ON PARTIES

  • 2021.01.24 ... UVTA Held Not To Require A Third-Party Transferee In Nagel

NECESSARY PARTIES TOPICS AND OPINIONS


© 2022 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 https://voidabletransactions.com Contact: jay [at] jayad.com or by phone to 702-953-9617.