HB0030 - 104th General Assembly

UNIFORM VOIDABLE TRANSACTIONS
Last Action

03/21/2025 - House: Rule 19(a) / Re-referred to Rules Committee
House Sponsors

Rep. Daniel Didech
Statutes Amended In Order of Appearance

215 ILCS 5/204from Ch. 73, par. 816
740 ILCS 160/1from Ch. 59, par. 101
740 ILCS 160/2from Ch. 59, par. 102
740 ILCS 160/3from Ch. 59, par. 103
740 ILCS 160/4from Ch. 59, par. 104
740 ILCS 160/5from Ch. 59, par. 105
740 ILCS 160/6from Ch. 59, par. 106
740 ILCS 160/7from Ch. 59, par. 107
740 ILCS 160/8from Ch. 59, par. 108
740 ILCS 160/9from Ch. 59, par. 109
740 ILCS 160/10from Ch. 59, par. 110
740 ILCS 160/10.1 new
740 ILCS 160/10.2 new
740 ILCS 160/14 new
Synopsis As Introduced

Amends the Uniform Fraudulent Transfer Act. Changes the short title to the Uniform Voidable Transactions Act. Makes changes to the Act that were recommended by the National Conference of Commissioners on Uniform State Laws in 2014, including: adding definitions for "electronic", "organization", "record", and "sign"; providing that a presumption of insolvency imposes on the party against which the presumption is directed the burden of proving that the nonexistence of insolvency is more probable than its existence; removing language providing that a partnership is insolvent if the sum of the partnership's debts is greater than the aggregate, at a fair valuation, of all of the partnership's assets and the sum of the excess of the value of each general partner's nonpartnership assets over the partner's nonpartnership debts; providing that a creditor making a claim for relief has the burden of proving the elements of the claim for relief by a preponderance of the evidence; adding rules to determine the burden of proving matters regarding defenses, liability, and the protection of transferees or obligees; adding rules to determine a debtor's location; providing that a series organization and each protected series of the organization is a separate person, even if for other purposes a protected series is not a person separate from the organization of other protected series of the organization; how the Act relates to the Electronic Signatures in Global and National Commerce Act; and other changes. Makes conforming changes in the Illinois Insurance Code and the Illinois Trust Code.
Actions

Date Chamber Action
12/05/2024 House Prefiled with Clerk by Rep. Daniel Didech
01/09/2025 House First Reading
01/09/2025 House Referred to Rules Committee
02/04/2025 House Assigned to Judiciary - Civil Committee
03/21/2025 House Rule 19(a) / Re-referred to Rules Committee