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CO SB122

Bill

Status

Failed

3/3/2022

Primary Sponsor

Bob Gardner

Click for details

Origin

Senate

2022 Regular Session

AI Summary

  • Renames the "Colorado Uniform Fraudulent Transfer Act" to the "Colorado Uniform Voidable Transactions Act" and enacts amendments recommended by the Uniform Law Commission in 2014.

  • Adds new provisions establishing choice of law rules, burden of proof standards (preponderance of evidence), and evidentiary procedures for claims and defenses under the act.

  • Eliminates the special definition of "insolvency" for partnerships, making the general insolvency definition apply uniformly to all entity types.

  • Refines defenses for transferees and obligees by clarifying that reasonably equivalent value must be given to the debtor and expanding the scope of recovery protections to include recovery by levy or other means.

  • Updates statutory language from "writing" to "record" to accommodate modern technology and electronic transactions, and replaces references to the federal Bankruptcy Code language with clarified standards.

Legislative Description

Uniform Voidable Transactions Act

Last Action

Senate Committee on Judiciary Postpone Indefinitely

3/3/2022

Committee Referrals

Judiciary2/3/2022

Full Bill Text

No bill text available