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Remedy ~ Attorney Fees

Attorney_Fees Remedies Mainuvta07a03iiiremedyattorneyfees

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 availability of attorney's fees will thus be a matter of the decisional law within the particular jurisdiction of the governing law.

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:

(3) subject to applicable principles of equity and in accordance with applicable rules of civil procedure:
(iii) any other relief the circumstances may require.

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.




ARTICLES ON ATTORNEY FEES

  • 2020.06.30 ... Attorney Fees Held Awardable Under Nevada Fraudulent Transfer Law In Morgan Stanley Opinion

ATTORNEY FEES TOPICS AND OPINIONS