AB719,16
15Section
16. 242.05 (1) of the statutes is amended to read:
AB719,5,2116
242.05
(1) A transfer made or obligation incurred by a debtor is
fraudulent 17voidable as to a creditor whose claim arose before the transfer was made or the
18obligation was incurred if the debtor made the transfer or incurred the obligation
19without receiving a reasonably equivalent value in exchange for the transfer or
20obligation and the debtor was insolvent at that time or the debtor became insolvent
21as a result of the transfer or obligation.
AB719,17
22Section
17. 242.05 (2) of the statutes is amended to read:
AB719,6,223
242.05
(2) A transfer made by a debtor is
fraudulent voidable as to a creditor
24whose claim arose before the transfer was made if the transfer was made to an
1insider for an antecedent debt, the debtor was insolvent at that time and the insider
2had reasonable cause to believe that the debtor was insolvent.
AB719,18
3Section
18. 242.05 (3) of the statutes is created to read:
AB719,6,64
242.05
(3) Subject to s. 242.02 (3), a creditor making a claim for relief under
5sub. (1) or (2) has the burden of proving the elements of the claim for relief by a
6preponderance of the evidence.
AB719,19
7Section
19. 242.06 (5) (b) of the statutes is amended to read:
AB719,6,98
242.06
(5) (b) If evidenced by a
writing record, when the
writing executed 9record signed by the obligor is delivered to or for the benefit of the obligee.
AB719,20
10Section
20. 242.07 (1) (b) of the statutes is amended to read:
AB719,6,1311
242.07
(1) (b) An attachment or other provisional remedy against the asset
12transferred or other property of the transferee
in accordance with if available under 13chs. 810 to 813
or other applicable law.
AB719,21
14Section
21. 242.08 (title) of the statutes is amended to read:
AB719,6,15
15242.08 (title)
Defenses, liability
, and protection of transferee or obligee
.
AB719,22
16Section
22. 242.08 (1) of the statutes is amended to read:
AB719,6,1917
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.
AB719,23
20Section
23. 242.08 (2) (intro.) of the statutes is amended to read:
AB719,6,2321
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:
AB719,7,2
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:
AB719,24
3Section
24. 242.08 (2) (a) of the statutes is renumbered 242.08 (2) (am) 1.
AB719,25
4Section
25. 242.08 (2) (am) 2. b. and (bm) of the statutes are created to read:
AB719,7,65
242.08
(2) (am) 2. b. An immediate or mediate good faith transferee of a person
6described in subd. 2. a.
AB719,7,97
(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.
AB719,26
10Section
26. 242.08 (2) (b) of the statutes is renumbered 242.08 (2) (am) 2. and
11amended to read:
AB719,7,1312
242.08
(2) (am) 2.
Any subsequent
An immediate or mediate transferee
of the
13first transferee, other than
a any of the following:
AB719,7,14
14a. A good faith transferee who took for value
or from any subsequent transferee.
AB719,27
15Section
27. 242.08 (5) (b) of the statutes is amended to read:
AB719,7,1816
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.
AB719,28
19Section
28. 242.08 (7) and (8) of the statutes are created to read:
AB719,7,2120
242.08
(7) The following rules determine the burden of proving matters
21referred to in this section:
AB719,7,2322
(a) A party that seeks to invoke sub. (1), (4), (5), or (6) has the burden of proving
23the applicability of that subsection.