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CO HB1302

Bill

Status

Passed

5/2/2014

Primary Sponsor

John Buckner

Click for details

Origin

House of Representatives

2014 Regular Session

AI Summary

  • Adds a new remedy allowing creditors to obtain a judgment for one and one-half times the value of assets transferred or one and one-half times the amount needed to satisfy the creditor's claim, whichever is less, plus actual costs in fraudulent transfer actions under section 38-8-105(1)(a).

  • Judgment under this new remedy is in lieu of, not in addition to, judgments under section 38-8-109(2) against the same person.

  • Restricts judgment against non-debtors to only those persons who also act with wrongful intent as defined in section 38-8-105(1)(a); other persons may only receive money damages judgments as provided in section 38-8-109.

  • Requires that a court must first establish the validity of the creditor's claim against the debtor before entering judgment under this new remedy.

  • Applies to actions for relief filed on or after the effective date of the act.

Legislative Description

Add Judgment Remedy In Fraudulent Transfer Action

Last Action

Governor Signed

5/2/2014

Committee Referrals

Judiciary4/3/2014
Committee of the Whole3/25/2014
Judiciary3/4/2014

Full Bill Text

No bill text available