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16Section
22. 242.08 (1) of the statutes is amended to read:
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242.08
(1) A transfer or obligation is not voidable under s. 242.04 (1) (a) against
18a person who took in good faith and for a reasonably equivalent value
given the
19debtor or against any subsequent transferee or obligee.
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20Section
23. 242.08 (2) (intro.) of the statutes is amended to read:
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242.08
(2) (intro.)
Except as otherwise provided in this section, to To the extent
22a transfer is voidable in an action by a creditor under s. 242.07 (1) (a),
all of the
23following rules apply:
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24(am) Except as otherwise provided in this section, the creditor may recover
25judgment for the value of the asset transferred, as adjusted under sub. (3), or the
1amount necessary to satisfy the creditor's claim, whichever is less. The judgment
2may be entered against any of the following:
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3Section
24. 242.08 (2) (a) of the statutes is renumbered 242.08 (2) (am) 1.
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4Section
25. 242.08 (2) (am) 2. b. and (bm) of the statutes are created to read:
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242.08
(2) (am) 2. b. An immediate or mediate good faith transferee of a person
6described in subd. 2. a.
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(bm) Recovery pursuant to s. 242.07 (1) (a) or (2) of or from the asset transferred
8or its proceeds, by levy or otherwise, is available only against a person described in
9par. (am) 1. or 2.
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10Section
26. 242.08 (2) (b) of the statutes is renumbered 242.08 (2) (am) 2. and
11amended to read:
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242.08
(2) (am) 2.
Any subsequent
An immediate or mediate transferee
of the
13first transferee, other than
a any of the following:
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14a. A good faith transferee who took for value
or from any subsequent transferee.
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15Section
27. 242.08 (5) (b) of the statutes is amended to read:
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242.08
(5) (b) Enforcement of a security interest in compliance with ch. 409
,
17other than acceptance of collateral in full or partial satisfaction of the obligation it
18secures.
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19Section
28. 242.08 (7) and (8) of the statutes are created to read:
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242.08
(7) The following rules determine the burden of proving matters
21referred to in this section:
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(a) A party that seeks to invoke sub. (1), (4), (5), or (6) has the burden of proving
23the applicability of that subsection.
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(b) Except as otherwise provided in pars. (c) and (d), the creditor has the burden
25of proving each applicable element of sub. (2) or (3).
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1(c) The transferee has the burden of proving the applicability to the transferee
2of sub. (2) (am) 2. a. or b.
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(d) A party that seeks adjustment under sub. (3) has the burden of proving the
4adjustment.
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5(8) The standard of proof required to establish matters referred to in this
6section is preponderance of the evidence.
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7Section
29. 242.094 of the statutes is created to read:
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8242.094 Governing law. (1) In this section, the following rules determine a
9debtor's location:
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(a) A debtor who is an individual is located at the individual's principal
11residence.
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(b) A debtor that is an organization and has only one place of business is located
13at its place of business.
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(c) A debtor that is an organization and that has more than one place of
15business is located at its chief executive office.
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16(2) A claim for relief in the nature of a claim for relief under this chapter is
17governed by the local law of the jurisdiction in which the debtor is located when the
18transfer is made or the obligation is incurred.
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19Section
30. 242.096 of the statutes is created to read:
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20242.096 Application to series organization. (1) In this section: