Remedies ~ Other Remedies

Remedies_Other Remedies Non-Money Mainuvta07a03iiiremedyother

OTHER RELIEF

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:

(3) subject to applicable principles of equity and in accordance with applicable rules of civil procedure:
(iii) any other relief the circumstances may require.
JayNote
This phrase has been broadly interpreted to give courts essentially carte blanche to fashion remedies.

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.





OTHER REMEDIES 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.