WI · jury_instructions
Wis JI-Civil 2793A
Uniform voidable transactions: transfer or obligation voidable as to present creditor - Wis. Stat. 242.05(1)
The plaintiff claims that (debtor) (made a transfer) (incurred an obligation) to
(defendant) and was unable to pay the plaintiff money that was owed. [This is called
“constructive fraud.”]1 To establish this claim against (defendant), the plaintiff must prove
the following by a preponderance of the evidence:
1. That plaintiff has a right to payment from (debtor) for (insert amount of claim);
2. That (debtor) (made a transfer) (incurred an obligation)2 to (defendant);
[Give Wis JI-Civil 2794A: Transfer – Definition]
3. That (debtor) did not receive a reasonably equivalent value in exchange for the
(transfer) (obligation);
[Give Wis JI-Civil 2796: When Value Is Given]
4. That plaintiff’s right to payment from (debtor) arose before (debtor) (made a
transfer) (incurred an obligation);
5. That (debtor) was insolvent at that time or became insolvent as a result of the
(transfer) (obligation);
[Give Wis JI-Civil 2794C: Insolvency: Definition]
[Give Wis JI-Civil 2795: Presumption of Insolvency]
The plaintiff bears the burden of proving the elements of the claim by a preponderance
of the evidence. This means the plaintiff must prove it is more likely than not that (debtor)
(made a transfer) (incurred an obligation) that is voidable under the law.
History
Wis JI-Civil 2793A (11/2025). Release No. 59. Wisconsin Court System, 11/2025. Prepared by the Wisconsin Civil Jury Instructions Committee of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.
Provenance
- Source
- wilawlibrary.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
1da59a719f1483042b1f490b6571f91e5713d7e12b7f3931af4fdb03d32e1074
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