NC · jury_instructions
N.C.P.I.—Civil 814.80
FRAUDULENT TRANSFER - PRESENT CREDITORS - TRANSFER TO INSIDER WHILE INSOLVENT - DEFENSE OF NEW VALUE GIVEN.
The (state number) issue reads:
“Did the defendant give new value to or for the benefit of (name
debtor) after the transfer was made?”
You will answer this issue1 only if you have answered the (state
number) issue “Yes” in favor of the plaintiff.
On this issue the burden of proof is on the defendant. This means
the defendant must prove, by the greater weight of the evidence, that he
gave new value2 to or for the benefit of (name debtor) after the transfer
was made.3
Finally, as to this (state number) issue on which the defendant has
the burden of proof, if you find by the greater weight of the evidence that
the defendant gave new value to or for the benefit of (name debtor) after
the transfer was made, then it would be your duty to answer this issue
“Yes” in favor of the defendant.
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 plaintiff.
History
N.C.P.I.—Civil 814.80 (February 2017). N.C. Gen. Stat. § 39-23.8(f)(1). 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
c98e6f2c415806bda18e368009704cda3face5b8ed1253d03ec7ba0f6d796c50
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