Remedies ~ Avoidance

Avoidance Non-Money Remedies Mainuvta07a01remedyavoidance

AVOIDANCE

AVOIDANCE § 7(a)

(a) In an action for relief against a transfer or obligation under this [Act], a creditor, subject to the limitations in Section 8, may obtain:

(1) avoidance of the transfer or obligation to the extent necessary to satisfy the creditor’s claim;
JayNote
The Creditor's main remedy is to simply avoid the transfer, which shifts title back to the Debtor so that the Creditor can enforce his judgment against the asset.

BURDEN OF PROOF § 7(g)

(g) The following rules determine the burden of proving matters referred to in this section:

(1) A party that seeks to invoke subsection (a), (d), (e), or (f) has the burden of proving the applicability of that subsection.
(2) Except as otherwise provided in paragraphs (3) and (4), the creditor has the burden of proving each applicable element of subsection (b) or (c).
(3) The transferee has the burden of proving the applicability to the transferee of subsection (b)(1)(ii)(A) or (B).
(4) A party that seeks adjustment under subsection (c) has the burden of proving the adjustment.
JayNote
The burden of proving entitlement to a money judgment is on the Creditor.

STANDARD OF PROOF § 7(h)

(h) The standard of proof required to establish matters referred to in this section is preponderance of the evidence.

Prefatory Note (UVTA 2014). Evidentiary Matters.
New §§ 4(c), 5(c), 8(g), and 8(h) add uniform rules allocating the burden of proof and defining the standard of proof with respect to claims for relief and defenses under the Act.
Language in the former comments to § 2 relating to the presumption of insolvency created by § 2(b) has been moved to the text of that provision, the better to assure its uniform application.

COURT OPINIONS: NON-MONEY REMEDIES

Avoiding Transfer To Homestead
Hinds & Shankman, LLP v. Lapides, 2019 WL 4956148, 67 Bankr.Ct.Dec. 207 (C.D.Cal., Oct. 8, 2019).





AVOIDANCE TOPICS AND OPINIONS


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