VF 4202. Constructive Fraudulent Transfer Insolvency | Pdf Doc Docx | Jury Instructions

 California Jury Instructions   42 Uniform Fraudulent Transfer Act 
VF 4202. Constructive Fraudulent Transfer Insolvency | Pdf Doc Docx | Jury Instructions

Last updated: 1/19/2017

VF 4202. Constructive Fraudulent Transfer Insolvency

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Description

VF-4202. Constructive Fraudulent Transfer--Insolvency Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Judge Request by Defendant Given as Modified Requested by Given on Court's Motion Instruction No 1 We answer the questions submitted to us as follows: 1. Did [name of plaintiff] have a right to payment from [name of debtor]? ____ Yes ____ No If your answer to question 1 is yes, then answer question 2. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 2. Did [name of debtor] [transfer property/incur an obligation] to [name of defendant]? ____ Yes ____ No If your answer to question 2 is yes, then answer question 3. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 3. Did [name of debtor] fail to receive a reasonably equivalent value in exchange for the [transfer/obligation]? ____ Yes ____ No If your answer to question 3 is yes, then answer question 4. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 4. Did [name of plaintiff]'s right to payment from [name of debtor] arise VF-4202. Constructive Fraudulent Transfer--Insolvency Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Judge Request by Defendant Given as Modified Requested by Given on Court's Motion Instruction No 1 before [name of debtor] [transferred property/incurred an obligation]? ____ Yes ____ No If your answer to question 4 is yes, then answer question 5. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 5. Was [name of debtor] insolvent at that time or did [name of debtor] become insolvent as a result of the [transfer/obligation]? ____ Yes ____ No If your answer to question 5 is yes, then answer question 6. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 6. Was [name of debtor]'s conduct a substantial factor in causing [name of plaintiff]'s harm? ____ Yes ____ No If your answer to question 6 is yes, then answer question 7. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 7. What are [name of plaintiff]'s damages? VF-4202. Constructive Fraudulent Transfer--Insolvency Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Judge Request by Defendant Given as Modified Requested by Given on Court's Motion Instruction No 1 TOTAL Signed: Dated: $ Presiding Juror After [this verdict form has/all verdict forms have] been signed, notify the [clerk/bailiff/court attendant] that you are ready to present your verdict in the courtroom. _________________________________________________________________________________ New December 2011; Revised June 2016, December 2016

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