Remedy ~ Levy By Judgment Creditor
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- (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.
(g) The following rules determine the burden of proving matters referred to in this section:
- (h) The standard of proof required to establish matters referred to in this section is preponderance of the evidence.
(h) The standard of proof required to establish matters referred to in this section is preponderance of the evidence.
- (b) If a creditor has obtained a judgment on a claim against the debtor, the creditor, if the court so orders, may levy execution on the asset transferred or its proceeds.
(b) If a creditor has obtained a judgment on a claim against the debtor, the creditor, if the court so orders, may levy execution on the asset transferred or its proceeds.
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(:title Remedy ~ Levy By Judgment Creditor:) (:Summary: Remedy ~ Levy By Judgment Creditor:) (:description Remedy ~ Levy By Judgment Creditor:) (:keywords voidable transaction, uvta, fraudulent transfer, ufta, fraudulent conveyance, remedy, remedies, levy, judgment creditor:)
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LEVY
JUDGMENT CREDITOR'S LEVY § 7(b)
- (b) If a creditor has obtained a judgment on a claim against the debtor, the creditor, if the court so orders, may levy execution on the asset transferred or its proceeds.
BURDEN OF PROOF
- (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.
STANDARD OF PROOF
- (h) The standard of proof required to establish matters referred to in this section is preponderance of the evidence.
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