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