NC · jury_instructions
N.C.P.I.—Civil 814.65
FRAUDULENT TRANSFER - PRESENT AND FUTURE CREDITORS - LACK OF REASONABLY EQUIVALENT VALUE.
“Was (name debtor's)2 [transfer3 of the (name asset)4 a fraudulent
transfer] [incurring of the (name obligation) a fraudulently incurred
obligation]?”
On this issue the burden of proof is on the plaintiff. This means
that the plaintiff must prove, by the greater weight of the evidence, two
things:5
First, (name debtor) [transferred the (name asset)] [incurred the
(name obligation)] without receiving a reasonably equivalent value in
exchange for the [transfer] [obligation].6
And Second, at the time [of the transfer] [the obligation was
incurred], (name debtor):
[was engaged or was about to engage in a business or a
transaction for which his remaining assets were unreasonably small in
relation to the business or transaction]7
[intended to incur or believed he would incur debts beyond his
ability to pay them as they would become due].8
Finally, as to this (state number) issue on which the plaintiff has
the burden of proof, if you find by the greater weight of the evidence that
the (name debtor's) [transfer of the (name asset) was a fraudulent
transfer] [incurring of the (name obligation) was a fraudulently incurred
obligation], then it would be your duty to answer this issue "Yes" in favor
of the plaintiff.
If, on the other hand, you fail to so find, then it would be your duty
to answer this issue "No" in favor of the defendant.
History
N.C.P.I.—Civil 814.65 (February 2017). N.C. Gen. Stat. § 39-23.4(a)(2). Prepared by the North Carolina Conference of Superior Court Judges' Committee on Pattern Jury Instructions, assisted by the UNC School of Government; published by the School of Government.
Provenance
- Source
- sog.unc.edu
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
2d683fe8ca05fa858bfd4afc395154ef7b3e4eaaa5dfe916a811a0999b3eb819
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