2004) (holding that debt based on state court UFTA
judgment against debtor transferee of intentionally fraudulent transfers was nondischargeable under [section] 523(a)(6)); see also Murray v.
Issues: In the second appeal, the IRS argued that the shareholders were liable as transferees under the constructive fraud provisions of Arizona's UFTA
. Under the statute, a transaction is constructively fraudulent as to a creditor (in this case, the IRS) if the debtor does not receive a reasonably equivalent value in exchange for the transfer, and the debtor either (1) was engaged in a business or transaction for which the remaining assets of the debtor are unreasonably small, or (2) intended to, or reasonably should have believed that it would, incur debts beyond its ability to pay.
, he says, is paying attention to what was fixed and what problems were caused by the bill and will continue advocating for statewide regulations rather than allowing counties and cities to make arbitrary rules.
[section]726.105(1)(b)(1) and (2); UFTA
[section](4)(a)(i) and (ii); see also [section]726.106, which provides similar modes proving a fraudulent transfer (as to present, but not future, creditors).
Having concluded that it must first determine whether there was a basis under state or federal law for the IRS's claim that the taxpayers were liable for Little Salt's taxes, the Tax Court analyzed Little Salt's transfer of its cash to MidCoast's lawyer under the Nebraska version of the UFTA
The Uniform Fraudulent Transfer Act (UFTA
), (58) adopted in all but a handful of states, (59) is often used as a tool to recover funds paid out or distributed by a Ponzi scheme operator.
of the Uniform Fraudulent Transfer Act (UFTA
) argued in a comment that
Many states have enacted the Uniform Fraudulent Transfer Act (UFTA
), (37) which provides that
The Court noted that other causes of action centered on the "Uniform Fraudulent Conveyance law" (UFTA
), enacted in 43 other jurisdictions, together with civil conspiracy, would suffice as a source of remedies.
The bankruptcy trustee can also use state fraudulent conveyance provisions such as those based on the Uniform Fraudulent Transfer Act ("UFTA
According to the Uniform Fraudulent Transfer Act (UFTA
), a defrauded creditor may obtain "avoidance of the transfer or obligation to the extent necessary to satisfy the creditor's claim...." (30) The emphasized language is significant.
Today's Uniform Fraudulent Transfer Act (UFTA
) carries forward general policies that were incorporated in earlier nonuniform statutes and the Uniform Fraudulent Conveyance Act.