uniform voidable transactions act

Uniform Voidable Transactions Act — Coming to Your State ...

the key changes in the new uniform voidable transactions act (the act) are aimed primarily at (1) clarifying the language and bringing the terms used in the statutory scheme into conformity with other related statutes or statutory schemes, (2) addressing choice of law issues to make the law governing a particular transaction more clear and …

Recent Developments in Fraudulent Transfers (Voidable ...

The title of the Act will be changed to the "Uniform Voidable Transactions Act" The change is consistent with . substitution of the word "voidable" for the word "fraudulent" throughout the text of the Act, and . with the Act historically covering the incurrence of obligations in addition to transfers of property

Codes: Code Search

CHAPTER 1. Uniform Voidable Transactions Act. 3439-3439.14. CHAPTER 2. Conveyance of Personal Property Without Delivery. 3440-3440.9. CHAPTER 3. Undertaking in Voidable Transfer Action. 3445-3449.

NY State Senate Bill S4236

Short title. This act shall be known and may be cited as the "uniform voidable transactions act". § 2. Article 10 of the debtor and creditor law is REPEALED and a new article 10 is added to read as follows: ARTICLE 10 UNIFORM VOIDABLE TRANSACTIONS ACT SECTION 270. DEFINITIONS. 271. INSOLVENCY. 272.

Chapter 19.40 RCW: UNIFORM VOIDABLE TRANSACTIONS ACT

This chapter, which was formerly cited as the uniform fraudulent transfer act, may be cited as the uniform voidable transactions act. [ 2017 c 57 § 13 ; 1987 c 444 § 12 .] NOTES:

Georgia Code Title 18, Chapter 2, Article 4 (2020 ...

2020 Georgia Code Title 18 - Debtor and Creditor Chapter 2 - Debtor and Creditor Relations Article 4 - Uniform Voidable Transactions Act § 18-2-70. Short Title § 18-2-71. Definitions § 18-2-72. Determining Insolvency § 18-2-73. Value Given for Transfer § 18-2-74. Voidable Transfer; Determination of Actual Intent

Uniform Voidable Transactions Act — Coming to Your State ...

The key changes in the new Uniform Voidable Transactions Act (the act) are aimed primarily at (1) clarifying the language and bringing the terms used in the statutory scheme into conformity with other related statutes or statutory schemes, (2) addressing choice of law issues to make the law governing a particular transaction more clear and ...

UNIFORM VOIDABLE TRANSACTIONS ACT

UNIFORM VOIDABLE TRANSACTIONS ACT (Formerly Uniform Fraudulent Transfer Act) PREFATORY NOTE (1984) Note (2014): The following version of the 1984 Prefatory Note was edited in connection with the 2014 amendments to the Act and differs slightly from the original. It continues to speak to the

Georgia Code § 18-2-74 (2020) - Voidable Transfer ...

Even though the four-year statute of limitations under the Georgia Uniform Fraudulent Transfer Act (UFTA) (now the Uniform Voidable Transactions Act), O.C.G.A. § 18-2-70 et seq., had not expired, a Chapter 7 trustee's avoidance action, which was brought pursuant to a Bankruptcy Code provision allowing the trustee to step into the shoes of an ...

Oklahoma Voidable Transaction UVTA Fraudulent …

D. Notwithstanding voidability of a transfer or an obligation pursuant to the provisions of the Uniform Fraudulent Transfer Act,3 a good faith transferee or obligee is entitled, to the extent of the value given the debtor for the transfer or obligation, to: 1. a lien on or a right to retain any interest in the asset transferred;

Uniform Voidable Transactions Act Approved by Uniform Law ...

The substance of the principal amendments is aptly described in the change of the name of the uniform law from the UFTA to the Uniform Voidable Transactions Act (the "UVTA"), which is intended to: (i) address judicial inconsistency in applying the law; (ii) better harmonize with the Bankruptcy Code and the Uniform Commercial Code (the "UCC ...

What is The Uniform Voidable Transactions Act and How Can ...

The Uniform Voidable Transactions Act establishes the right of a creditor to sue a debtor for fraudulent conveyance and also to take legal action against any person or company who has received the fraudulently transferred assets or property from the debtor. A creditor's claim prevails when there is a recovery of the property or assets from ...

What You Need to Know About the Uniform Voidable ...

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"). [I] According to NCCUSL's website, [ii] the model statute has already been enacted in eight states, including California (where it takes effect on January 1, 2016 ...

IV. Fraudulent Transfers and Voidable Transactions ...

The Act preempts a state law that allows a debtor to disclaim an inheritance and thereby place the property to be inherited beyond the reach of the government. – Nautilus, Inc. v. Yang, _ Cal.App.4th _ (2017) – The Uniform Fraudulent Transfer Act (the predecessor to the Uniform Voidable Transactions Act) allows a transferee to avoid ...

HOUSE OF REPRESENTATIVES STAFF ANALYSIS BILL #: HB 979 ...

Uniform Voidable Transactions Act In 2014, the Uniform Law Commission amended the Uniform Fraudulent Transfer Act for the first time since its creation in 1984.7 The Commission changed the name of UFTA to the Uniform Voidable Transaction Act (UVTA) to clarify its purpose and application. According to the Commission, fraud has

Uniform Voidable Transactions Act ~ CPA at Law

The Uniform Voidable Transactions Act (UVTA), known as the Uniform Fraudulent Transfer Act (UFTA) until 2014, is a uniform law providing remedies to creditors for certain debtor transactions that are deemed unfair. The UFTA was adopted by 46 jurisdictions, while the UVTA has currently been adopted in nine states.However, the UVTA is not …

Chapter 51. - Title 12 - COMMERCE AND TRADE

§ 5101. Short title of chapter and definitions. (a) Short title of chapter.--This chapter, that was formerly cited as the Pennsylvania Uniform Fraudulent Transfer Act, shall be known and may be cited as the Pennsylvania Uniform Voidable Transactions Act.

New York Finally Modernizes Its Fraudulent Transfer Laws ...

The Uniform Voidable Transaction Act (UVTA), which New York has now adopted, is essentially a just a modern update of the UFTA of 1984, and so by adopting the UVTA the Empire State has "rejoined ...

Chapter 39 - Article 3A

This Article, which was formerly cited as the Uniform Fraudulent Transfer Act, may be cited as the Uniform Voidable Transactions Act. (1997-291, s. 2; 2015-23, s. 1.)

CLIENT ALERT: New York's Uniform Voidable Transactions Act ...

Derived from the Uniform Fraudulent Conveyance Act of 1918, New York's debtor-creditor statutes (the "UFCA") date to 1925. At its core, New York's UFCA is a remedy that allows a creditor to unwind or "claw back" conveyances made by the debtor to third party recipients that unfairly undermine the creditor's ability to recover on its claim.

What You Need to Know About the Uniform Voidable ...

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").[I] According to NCCUSL's website,[ii] 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, …

UNIFORM VOIDABLE TRANSACTIONS ACT

UNIFORM VOIDABLE TRANSACTIONS ACT Act 434 of 1998 AN ACT to provide for the setting aside and modification of certain transfers, conveyances, and obligations; to make uniform the law of fraudulent transfers; and to provide remedies. History:€1998, Act 434, Imd. Eff. Dec. 30, 1998; Am. 2016, Act 552, Eff. Apr. 10, 2017.

CACI No. 4200. Actual Intent to Hinder, Delay, or Defraud ...

Under the Uniform Voidable Transactions Act (formerly the Uniform Fraudulent. Transfer Act), a transfer made or obligation incurred by a debtor is voidable as to a. creditor, whether the creditor's claim arose before or after the transfer was made or.

Uniform Voidable Transactions Act Adopted in New York ...

Uniform Voidable Transactions Act Adopted in New York April 2020 Newsletters On July 16, 2014, the Uniform Law Commission (the "Commission") approved a series of amendments to the Uniform Fraudulent Transfer Act (the …

Codes Display Text - California

Uniform Voidable Transactions Act [3439 - 3439.14] ( Heading of Chapter 1 amended by Stats. 2015, Ch. 44, Sec. 2. ) 3439. This chapter may be cited as the Uniform Voidable Transactions Act. (Amended by Stats. 2015, Ch. 44, Sec. 3. (SB 161) Effective January 1, 2016.) 3439.01. As used in this chapter the following definitions are applicable:

Voidable Transactions Act Amendments - Uniform Law …

Contact Us (312) 450-6600. [email protected] Uniform Law Commission 111 N. Wabash Avenue, Suite 1010 Chicago, Illinois 60602

Michigan Enacts the New Uniform Voidable Transactions Act ...

The Commission's amendments included changing the name of the law from the UFTA to the Uniform Voidable Transactions Act (the "UVTA"). On January 6, 2017, Governor Snyder signed into law Public Act 552, which replaced the UFTA with the UVTA in Michigan. 14 states have now enacted the UVTA.

Sturm v. Moyer :: 2019 :: California Courts of Appeal ...

Assuming fraudulent intent, the Uniform Voidable Transactions Act, formerly known as the Uniform Fraudulent Transfer Act (UFTA), can apply to a premarital agreement in which the prospective spouses agree that upon marriage each spouse's earnings, income, and other property acquired during marriage will be that spouse's separate property. In this case, plaintiff …

WASHINGTON'S NOT QUITE UNIFORM VOIDABLE TRANSACTIONS ACT ...

UVTA. Washington's version of the Uniform Voidable Transactions Act (UVTA) will become effective on July 23. The Uniform Law Commission (ULC) adopted amendments and a new name for the Uniform Fraudulent Transfer Act (UFTA) in 2014, and Washington will become the 15th state to enact the new version. As Professor Ken Kettering, the reporter for …