Remedy ~ Attorney Fees
Site.Mainuvta07a03iiiremedyattorneyfees History
Hide minor edits - Show changes to markup
ARTICLES ON ATTORNEY'S FEES
ARTICLES ON ATTORNEY FEES
ARTICLES ON ATTORNEY'S FEES
- 2020.06.30 ... Attorney Fees Held Awardable Under Nevada Fraudulent Transfer Law In Morgan Stanley Opinion
OTHER RELIEF § 7(a)(3)(iii)
OTHER RELIEF § 7(a)(3)(iii)
UVTA § 12. SUPPLEMENTARY PROVISIONS.
The UVTA does not contain a specific provision for attorney's fees, and neither did the UFCA or UFTA. Instead, a party seeking attorney's fees must utilize a combination of § 7(a)(3)(iii) and § 12, below.
The UVTA does not contain a specific provision for attorney's fees, and neither did the UFCA or UFTA. Instead, a party seeking attorney's fees must utilize a combination of § 7(a)(3)(iii) and § 12, below. The availability of attorney's fees will thus be a matter of the decisional law within the particular jurisdiction of the governing law.
(:title TOPICSHORT:) (:Summary: TOPICLONG:) (:description TOPICLONG:) (:keywords voidable transaction, uvta, fraudulent transfer, ufta, fraudulent conveyance, remedy, remedies, TOPIC:)
(:title Remedy ~ Attorney Fees:) (:Summary: Remedy ~ Attorney Fees:) (:description Remedy ~ Attorney Fees:) (:keywords voidable transaction, uvta, fraudulent transfer, ufta, fraudulent conveyance, remedy, remedies, attorney fees:)
TOPIC Remedies PAGENAME
Attorney_Fees Remedies Mainuvta07a03iiiremedyattorneyfees
TEXT
ATTORNEY FEES
The UVTA does not contain a specific provision for attorney's fees, and neither did the UFCA or UFTA. Instead, a party seeking attorney's fees must utilize a combination of § 7(a)(3)(iii) and § 12, below.
The general rule seems to be that if the creditor was entitled to attorney's fees in the underlying action, or by some other statute, then the creditor may also recover attorney's fees against the debtor and transferee. However, it also seems that a transferee that is in good faith, whether or not REV was given, should not be tagged with attorney's fees.
OTHER RELIEF § 7(a)(3)(iii)
(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:
UVTA § 12. SUPPLEMENTARY PROVISIONS.
Unless displaced by the provisions of this [Act], the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cause, supplement its provisions.
TEXT TOPICS AND OPINIONS
(:pagelist link=Category.TEXT list=normal fmt=title:)
ATTORNEY FEES TOPICS AND OPINIONS
(:pagelist link=Category.Attorney_Fees list=normal fmt=title:)
(:title TOPICSHORT:)
(:Summary: TOPICLONG:)
(:description TOPICLONG:)
(:keywords voidable transaction, uvta, fraudulent transfer, ufta, fraudulent conveyance, remedy, remedies, TOPIC:)
(:linebreaks:)
TOPIC Remedies PAGENAME
TEXT
TEXT TOPICS AND OPINIONS
(:pagelist link=Category.TEXT list=normal fmt=title:)