Remedy ~ Receiver
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- The Creditor can also have a receiver appointed to take charge of the asset. Getting a receiver appointed is often part of a Creditor's end game, since few debtors can stand a receiver very long, particularly if the creditor is able to get the court to convert the receiver to a general receiver for all the debtor's assets. The UVTA provides a good way for a creditor to "get the receiver's foot in the door" by taking over a fraudulently-transferred asset, with the idea later being to ask the court to take the slight step of converting the existing limited receivership to a full one.
- The creditor can also have a receiver appointed to take charge of the asset. Getting a receiver appointed is often part of a creditor's end game, since few debtors can stand a receiver very long, particularly if the creditor is able to get the court to convert the receiver to a general receiver for all the debtor's assets. The UVTA provides a good way for a creditor to "get the receiver's foot in the door" by taking over a fraudulently-transferred asset, with the idea later being to ask the court to take the slight step of converting the existing limited receivership to a full one.
- The Creditor can also have a Receiver appointed to take charge of the asset (getting a Receiver appointed is often part of a Creditor's end game), since few debtors can stand a receiver very long. The UVTA provides a good way for a creditor to "get the receiver's foot in the door" by taking over a fraudulently-transferred asset, with the idea later being to ask the court to take the slight step of converting the existing limited receivership to a full one.
- The Creditor can also have a receiver appointed to take charge of the asset. Getting a receiver appointed is often part of a Creditor's end game, since few debtors can stand a receiver very long, particularly if the creditor is able to get the court to convert the receiver to a general receiver for all the debtor's assets. The UVTA provides a good way for a creditor to "get the receiver's foot in the door" by taking over a fraudulently-transferred asset, with the idea later being to ask the court to take the slight step of converting the existing limited receivership to a full one.
(:title TOPICSHORT:) (:Summary: TOPICLONG:) (:description TOPICLONG:) (:keywords voidable transaction, uvta, fraudulent transfer, ufta, fraudulent conveyance, remedy, remedies, TOPIC:)
(:title Remedy ~ Receiver:) (:Summary: Remedy ~ Receiver:) (:description Remedy ~ Receiver:) (:keywords voidable transaction, uvta, fraudulent transfer, ufta, fraudulent conveyance, remedy, remedies, receiver:)
TOPIC Remedies PAGENAME
TEXT
RECEIVER
RECEIVER § 7(a)(3)(ii)
(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:
BURDEN OF PROOF § 7(g)
(g) The following rules determine the burden of proving matters referred to in this section:
STANDARD OF PROOF § 7(h)
(h) The standard of proof required to establish matters referred to in this section is preponderance of the evidence.
TEXT TOPICS AND OPINIONS
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RECEIVER TOPICS AND OPINIONS
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(:title TOPICSHORT:)
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(:description TOPICLONG:)
(:keywords voidable transaction, uvta, fraudulent transfer, ufta, fraudulent conveyance, remedy, remedies, TOPIC:)
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TOPIC Remedies PAGENAME
TEXT
TEXT TOPICS AND OPINIONS
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