Nev. Rev. Stat. » NRS: CHAPTER 112 - FRAUDULENT TRANSFERS (UNIFORM ACT)

Nev. Rev. Stat. § 112.220

Avoidance of transfer or obligation: Protection of good faith transferee or obligee; recovery of judgment for value of asset transferred; certain transfers not voidable

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NRS 112.220  Avoidance of transfer or obligation: Protection of good faith transferee or obligee; recovery of judgment for value of asset transferred; certain transfers not voidable.

      1.  A transfer or obligation is not voidable under paragraph (a) of subsection 1 of NRS 112.180 against a person who took in good faith and for a reasonably equivalent value or against any subsequent transferee or obligee.

      2.  Except as otherwise provided in this section, to the extent a transfer is voidable in an action by a creditor under paragraph (a) of subsection 1 of NRS 112.210, the creditor may recover judgment for the value of the asset transferred, as adjusted under subsection 3 of this section, or the amount necessary to satisfy the creditor’s claim, whichever is less. The judgment may be entered against:

      (a) The first transferee of the asset or the person for whose benefit the transfer was made; or

      (b) Any subsequent transferee other than a transferee who took in good faith for value or from any subsequent transferee.

      3.  If the judgment under subsection 2 is based upon the value of the asset transferred, the judgment must be for an amount equal to the value of the asset at the time of the transfer, subject to adjustment as the equities may require.

      4.  Notwithstanding voidability of a transfer or an obligation under this chapter, a transferee or obligee who took in good faith is entitled, to the extent of the value given the debtor for the transfer or obligation, to:

      (a) A lien on or a right to retain any interest in the asset transferred;

      (b) Enforcement of any obligation incurred; or

      (c) A reduction in the amount of the liability on the judgment.

      5.  A transfer is not voidable under paragraph (b) of subsection 1 of NRS 112.180 or NRS 112.190 if the transfer results from:

      (a) Termination of a lease upon default by the debtor when the termination is pursuant to the lease and applicable law; or

      (b) Enforcement of a security interest in compliance with NRS 104.9101 to 104.9709, inclusive.

      6.  A transfer is not voidable under subsection 2 of NRS 112.190:

      (a) To the extent the insider gave new value to or for the benefit of the debtor after the transfer was made unless the new value was secured by a valid lien;

      (b) If made in the ordinary course of business or financial affairs of the debtor and the insider; or

      (c) If made pursuant to a good faith effort to rehabilitate the debtor and the transfer secured present value given for that purpose as well as an antecedent debt of the debtor.

      (Added to NRS by 1987, 12; A 1999, 389)

     

Notes of Decisions
Cited in 11 cases (3 in the last 5 years), 2007–2025 · leading case: Herup v. First Boston Financial, LLC
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Herup v. First Boston Financial, LLC (2007) nev · cites it 6× “NRS 112.220(1) provides a complete defense for an action for avoidance under NRS 112.”
Gingold v. Itronics, Inc. (2025) nvd · cites it 4× “19 20 21 17Under NRS § 112.220(1), “[a] transfer or obligation is not voidable under [] NRS 22 112.”
Morgan Stanley High Yield Securities Inc v. Jecklin (2020) nvd · cites it 3× “25 Nevada’s Uniform Fraudulent Transfer Act states that “In an action for relief against a 26 transfer or obligation under this chapter, a creditor, subject to the limitations in NRS 112.220, may 27 obtain . . . [s]ubject to applicable principles of equity and in accordance with…”
THE CADLE CO. VS. WOODS & ERICKSON C/W 63790 (2015) nev · cites it 4× “210; NRS 112.220(2). Nevada law does not create a legal cause of action for damages in excess of the value of the property to be recovered.”
Moh Mgmt., LLC v. Michelangelo Leasing, Inc. (2019) nev · cites it 2× “Even if the transfer constitutes an actual fraudulent transfer under the Uniform Fraudulent Transfer Act, the transfer is voidable if it falls under the good faith defense described in NRS 112.220(1). Herup v. Boston Fin, LLC, <a…”
Moh Mgmt., LLC v. Michelangelo Leasing, Inc. (2019) nev · cites it 2× “Even if the transfer constitutes an actual fraudulent transfer under the Uniform Fraudulent Transfer Act, the transfer is voidable if it falls under the good faith defense described in NRS 112.220(1). Herup v. Boston Fin, LLC, <a…”
Trina Solar US, Inc. v. Carson-Selman (2020) nvd · cites it 2× “” Nev. Rev. Stat. § 112.220 (2); see also Cadle Co.”
THE CADLE CO. VS. WOODS & ERICKSON C/W 63790 (2015) nev · cites it 2× “210; NRS 112.220(2). Nevada law does not create a legal cause of action for damages in excess of the value of the property to be recovered.”
THE CADLE CO. VS. WOODS & ERICKSON C/W 63790 (2015) nev · cites it 2× “210; NRS 112.220(2). Nevada law does not create a legal cause of action for damages in excess of the value of the property to be recovered.”
Tahican, LLC v. Eighth Jud. Dist. Ct. (2024) nev “NRS 112.220(1). Thus, if a lis pendens is not available to creditors in fraudulent transfer actions, the property could be transferred to a good faith transferee during the litigation, which would "cut ofT the creditor&#x27;s rights, and the court&#x27;s power, to undo the prior…”
GW Grundbesitz AG v. Gunn (2023) nvd “§ 112.220(1). The essence of Gunn’s good-faith defense is that she and Wild entered 23 into the RSA “while ending their relationship” and that under the agreement, Wild was to pay 24 her the purchase price of the Dossenheim properties, along with multi-million-dollar gifts 25…”
— Nev. Rev. Stat. § 112.220(1) — 6 cases
Herup v. First Boston Financial, LLC (2007) nev “NRS 112.220(1) provides a complete defense for an action for avoidance under NRS 112.”
Moh Mgmt., LLC v. Michelangelo Leasing, Inc. (2019) nev “Even if the transfer constitutes an actual fraudulent transfer under the Uniform Fraudulent Transfer Act, the transfer is voidable if it falls under the good faith defense described in NRS 112.220(1). Herup v. Boston Fin, LLC, <a…”
Moh Mgmt., LLC v. Michelangelo Leasing, Inc. (2019) nev “Even if the transfer constitutes an actual fraudulent transfer under the Uniform Fraudulent Transfer Act, the transfer is voidable if it falls under the good faith defense described in NRS 112.220(1). Herup v. Boston Fin, LLC, <a…”
Gingold v. Itronics, Inc. (2025) nvd “19 20 21 17Under NRS § 112.220(1), “[a] transfer or obligation is not voidable under [] NRS 22 112.”
Tahican, LLC v. Eighth Jud. Dist. Ct. (2024) nev “NRS 112.220(1). Thus, if a lis pendens is not available to creditors in fraudulent transfer actions, the property could be transferred to a good faith transferee during the litigation, which would "cut ofT the creditor&#x27;s rights, and the court&#x27;s power, to undo the prior…”
— Nev. Rev. Stat. § 112.220(2) — 4 cases
THE CADLE CO. VS. WOODS & ERICKSON C/W 63790 (2015) nev “210; NRS 112.220(2). Nevada law does not create a legal cause of action for damages in excess of the value of the property to be recovered.”
Gingold v. Itronics, Inc. (2025) nvd “19 20 21 17Under NRS § 112.220(1), “[a] transfer or obligation is not voidable under [] NRS 22 112.”
THE CADLE CO. VS. WOODS & ERICKSON C/W 63790 (2015) nev “210; NRS 112.220(2). Nevada law does not create a legal cause of action for damages in excess of the value of the property to be recovered.”
THE CADLE CO. VS. WOODS & ERICKSON C/W 63790 (2015) nev “210; NRS 112.220(2). Nevada law does not create a legal cause of action for damages in excess of the value of the property to be recovered.”
— Nev. Rev. Stat. § 112.220(2)(a) — 1 case
Morgan Stanley High Yield Securities Inc v. Jecklin (2020) nvd “25 Nevada’s Uniform Fraudulent Transfer Act states that “In an action for relief against a 26 transfer or obligation under this chapter, a creditor, subject to the limitations in NRS 112.220, may 27 obtain . . . [s]ubject to applicable principles of equity and in accordance with…”
— Nev. Rev. Stat. § 112.220(3) — 1 case
Herup v. First Boston Financial, LLC (2007) nev “NRS 112.220(1) provides a complete defense for an action for avoidance under NRS 112.”
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