What You Need to Know About The Uniform Voidable Transactions Act

Last year, the National Conference of Commissioners on Uniform State Laws ("NCCUSL") rolled out one of its latest projects, the Uniform Voidable Transactions Act ("UVTA").¹ According to NCCUSL's website,² the model statute has already been enacted in eight states, including California (where it takes effect on January 1, 2016), and has been introduced in four others, including Massachusetts.

The first thing to know about the UVTA is that it is the Uniform Fraudulent Transfer Act ("UFTA")³ with a new name and the legal equivalent of a fresh coat of paint. In a lengthy article about the drafting of the model statute⁴, the reporter for the NCCUSL drafting committee, Professor Kenneth C. Kettering, describes the model statute as "the UFTA, renamed and lightly amended." As light as the amendments may be, however, Kettering notes that they are "significant enough to warrant attention"⁵—significant enough, at least, to justify his publishing a 57-page law review article