- Court: Oregon Court of Appeals
- Area(s) of Law: Civil Law
- Date Filed: 05-08-2024
- Case #: A176528
- Judge(s)/Court Below: Sims, J; Ortega, P.J.; Powers, J.; Hellman, J.
- Full Text Opinion
Appellant appeals the trial court’s limited judgment of dismissal in favor of the defendant, assigning error to the trial court’s grant of defendant’s motion for judgment on the pleadings. Appellant argues that defendant, although not a transferee with respect to the fraudulent transfer, he was still jointly liable with the transferee under a civil conspiracy theory of joint liability and a shell entity theory of liability. The Court of Appeals ultimately holds that the Uniform Fraudulent Transfer Act only applies to transferees or debtors, and thus is not applicable to defendant. The court reasoned that the plain text of the remedies outlined in ORS 95.260 and ORS 95.270, and the legislative history limits recovery to claims against debtors, transferees, and the asset itself. AFFIRMED.