NC · jury_instructions
N.C.P.I.—Civil 814.85
FRAUDULENT TRANSFER - PRESENT CREDITORS - TRANSFER TO INSIDER WHILE INSOLVENT-DEFENSE OF TRANSFER IN THE ORDINARY COURSE.
The (state number) issue reads:
“Did the defendant acquire the (name asset) in the ordinary course
of business or financial affairs of the defendant and (name debtor)?”
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
the defendant acquired the (name asset) in the ordinary course of
business or financial affairs of the defendant and (name debtor).2
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 acquired the (name asset) in the ordinary course of
business or financial affairs of the defendant and (name debtor), 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 814.85 (June 2015). N.C. Gen. Stat. § 39-23.8(f)(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
af58dd5cd051efb0c37a84e9c3f435bcd9944fb0cab5fa00198a60f3db109fe6
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