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CO HB1302
Bill
Status
5/2/2014
Primary Sponsor
John Buckner
Click for details
AI Summary
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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).
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Judgment under this new remedy is in lieu of, not in addition to, judgments under section 38-8-109(2) against the same person.
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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.
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Requires that a court must first establish the validity of the creditor's claim against the debtor before entering judgment under this new remedy.
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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