Void and Voidable Transfers and UndertakingsUniform Voidable Transactions Act
Section § 3439
This section states that the chapter should be referred to as the Uniform Voidable Transactions Act.
Section § 3439.01
This section provides definitions for key terms used in laws about transferring assets and related claims. An 'asset' is generally property owned by someone who owes money, but doesn't include property with a valid lien, exempt under law, or held in a certain type of joint ownership. A 'claim' is any right to payment, whether it's decided by the court or still being debated. A 'creditor' is someone who has a claim, while a 'debtor' owes on a claim. Other terms defined include 'electronic', 'lien', 'organization', 'person', 'property', 'record', 'sign', 'transfer', and 'valid lien'. These terms help clarify responsibilities and rights related to debts and asset ownership.
Section § 3439.02
This section explains what it means for a person or business to be insolvent. Essentially, insolvency happens when a person's debts are more than the value of what they own. If someone isn't paying their debts on time, and it's not due to a legitimate argument, they're assumed to be insolvent unless they can prove otherwise. Certain assets, like those hidden to trick creditors, don't count when evaluating insolvency. Also, debts don't cover obligations that have valid security interests that weren’t counted as assets.
Section § 3439.03
This law explains when a transfer or obligation is considered to have 'value.' If you get property or pay off a previous debt in exchange for the transfer or obligation, that's considered value. However, promising to provide support to someone without actually doing it—unless it's part of your business—is not considered value.
Section § 3439.04
This law states that if a debtor transfers assets or creates obligations with the intent to cheat a creditor, or does so without fair value received in return, those actions can be reversed. Key concerns include the debtor's intent to deceive, their financial condition before and after the transfer, and if there was an attempt to hide or move assets. The creditor who claims wrong must prove that the transfer or obligation was unfair or intended to defraud by a 'preponderance of the evidence,' meaning more likely than not.
Section § 3439.05
This law means that if a person who owes money (a debtor) gives away or transfers an asset to someone else without getting a fair deal in return, and they do this while they are broke or it causes them to go broke, then that transfer can be undone. A creditor, or someone to whom the debtor owes money, can challenge this transfer if their claim existed before the asset was transferred. The creditor must prove their case with convincing evidence that shows they are right.
Section § 3439.06
This section of the law explains when a transfer of assets or incurring of obligations is considered legally 'made' or 'incurred'. For real property, a transfer is complete when it's properly recorded so no one else can claim a better right to it. For other types of property, it's complete when a creditor can't claim a superior right. If you can't record the transfer, it counts as made when it actually happens between the parties involved. Also, a transfer hasn't been made until the person transferring it actually owns the asset. For obligations, if agreed verbally, it's incurred when the agreement is made effective; if in writing, when the signed document is handed over.
Section § 3439.07
This law explains what actions a creditor can take if they need relief from fraudulent transfers or obligations by a debtor. Specifically, it allows a creditor to undo such transfers, secure a provisional remedy like an asset attachment, and request court orders like injunctions or appointing a receiver. If a creditor has already sued for a claim, they can go after the transferred asset in question, and if they've won a judgment, they can seize the asset or its proceeds. Creditors using an assignment for the benefit of creditors can also use these rights for the benefit of certain other creditors.
Section § 3439.08
This law explains when and how a transfer of assets or obligations can be voided in cases where it might have been done to avoid paying a creditor. Transfers can't be voided if they were made in good faith and for fair value. If a creditor tries to void a transfer, they can only recover up to the amount they are owed and can only target certain people involved in the transfer. The law also outlines protections for people who received assets in good faith, stating that they can retain certain rights to those assets if they gave fair value. There are specific situations like lease terminations or lien enforcements where transfers might not be voidable. It also specifies who is responsible for proving these claims, typically requiring evidence that is more likely to be true than not.
Section § 3439.09
This law says that if you want to take legal action about a transfer or a debt you're concerned about, you have to do it within certain time limits. Basically, you have up to four years to start action after the transfer is made or the debt arises. If you didn't know about it right away, you still have up to one year after you could have reasonably discovered it. For some cases, the absolute maximum time is seven years, no matter what. If you miss these deadlines, you can't take legal action.
Section § 3439.10
This law explains how to determine where a debtor is considered to be located. For individuals, it's their main home. For businesses with one location, it's that location. If a business has multiple locations, it's where their main office is. Also, any claims related to this situation follow the laws of the place where the debtor is located when something is transferred or a responsibility is taken on.
Section § 3439.12
This section states that the general rules of law and fairness, such as rules about agency relationships, honesty, and fairness, continue to apply unless this chapter specifically changes them. Essentially, traditional legal concepts like fraud or coercion still matter unless this specific group of rules says otherwise.
Section § 3439.13
This section is about making sure that the laws in this chapter are understood and used in a way that keeps them consistent with similar laws in other states that have adopted them.
Section § 3439.14
This section outlines how changes made to the chapter apply to certain actions and transactions. New changes only apply to actions or transfers that happen after the law's update. For actions before the update date but after January 1, 1987, previous laws apply. For actions before 1987, the law at that time governs. Additionally, specific dates about when a transfer or obligation happened are determined by Section 3439.06. Any unchanged laws as of December 31, 2015, are considered continuations, not new laws.