NC · jury_instructions
N.C.P.I.—Civil 814.81
FRAUDULENT TRANSFER - PRESENT CREDITORS - TRANSFER TO INSIDER WHILE INSOLVENT - DEFENSE OF NEW VALUE GIVEN - AMOUNT OF NEW VALUE.
The (state number) issue reads:
“What amount of new value did the defendant give to or for the
benefit of (name debtor)?”
You will answer this issue only if you have answered the (state
number) issue “Yes” in favor of the defendant.
On this issue the burden of proof is on the defendant. This means
the defendant must prove, by the greater weight of the evidence, the
amount of new value1 that he gave to or for the benefit of (name debtor)
after the transfer was made.2
Finally, as to this (state number) issue on which the defendant has
the burden of proof, it is your duty to write in the blank space provided
on the verdict sheet that amount of new value which the defendant has
proven by the greater weight of the evidence.
History
N.C.P.I.—Civil 814.81 (May 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
1963d68379bc7f4b905a5f39a5de05a544cbd2959e845e4445794168aa1ddcad
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