Define: UFTA

UFTA
UFTA
Quick Summary of UFTA

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Full Definition Of UFTA

The Uniform Fraudulent Transfer Act (UFTA) is a law designed to safeguard creditors from debtors who attempt to conceal or transfer their assets in order to evade debt repayment. For instance, if an individual owes money to a creditor and gifts their house to a family member without any compensation, this act may be deemed a fraudulent transfer under UFTA. Similarly, if a business owner transfers all their assets to a newly established company, leaving the original company devoid of assets to settle its debts, this action could also be considered a fraudulent transfer under UFTA. These instances exemplify how UFTA serves to prevent debtors from defrauding their creditors through asset transfers or concealment. By rendering such actions illegal, UFTA ensures that creditors receive the payment they are owed.

UFTA FAQ'S

UFTA stands for the Uniform Fraudulent Transfer Act.

The purpose of UFTA is to prevent fraudulent transfers of assets that are made to defraud creditors.

A fraudulent transfer under UFTA is a transfer of property or assets made with the intent to hinder, delay, or defraud creditors.

Yes, UFTA allows for a transfer to be considered fraudulent if it was made without receiving reasonably equivalent value and the debtor was insolvent at the time or became insolvent as a result of the transfer.

UFTA provides various remedies for creditors, including avoidance of the fraudulent transfer, recovery of the transferred property, attachment or injunction against the property, and imposition of a lien on the property.

Yes, UFTA allows a creditor to recover from a third party who received the fraudulent transfer in good faith if the third party did not provide reasonably equivalent value for the transfer.

The statute of limitations for bringing a claim under UFTA varies by jurisdiction, but it is typically between four to six years from the date of the fraudulent transfer.

Yes, UFTA can be used to recover assets transferred offshore if the transfer was made with the intent to defraud creditors.

Yes, UFTA can be used in bankruptcy cases to recover fraudulent transfers made by the debtor prior to filing for bankruptcy.

Yes, there are several defences available to a debtor against a UFTA claim, including the lack of intent to defraud creditors, the transfer being made for a reasonably equivalent value, or the transfer being made in the ordinary course of business.

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This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 17th April 2024.

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