WI · jury_instructions
Wis JI-Civil 2793B
Uniform voidable transactions: transfer or obligation voidable as to present creditor - Wis. Stat. 252.05(2)
(Plaintiff) claims that (debtor) made a transfer to (defendant) and was unable to pay
(plaintiff) money owed. [This is called “constructive fraud.”]1 To establish this claim
against (defendant), (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) transferred (describe property or asset) to (defendant).
[Give Wis JI-Civil: 2794A Transfer – Definition.]
3. That (plaintiff)’s right to payment from (debtor) arose before (debtor) transferred
(describe property or asset) to (defendant).
4. That (defendant) was an “insider” of (debtor).
[Give Wis JI-Civil: 2794B Insider – Definition.]
5. That the transfer from (debtor) to (defendant) was made for an antecedent debt [a
debt that already existed before the transfer was made].
6. That (debtor) was insolvent at the time of the transfer.
[Give Wis JI-Civil: 2794C Insolvency – Definition.]
[Give Wis JI-Civil 2795: Presumption of Insolvency, if applicable.]
7. That (defendant), as an insider, had reasonable cause to believe that (debtor) was
insolvent when (debtor) made the transfer.
The plaintiff bears the burden of proving each of these elements by a preponderance
of the evidence. This means the plaintiff must prove that it is more likely than not that the
transfer made by (debtor) is voidable under the law.
History
Wis JI-Civil 2793B (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
f972b755730eb9440e68a355f50f1d440223c3179c1251ef56ce46ac09f6e572
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