(a) A person is insolvent if the present fair market value of his assets is less than the amount required to pay his probable liability on his existing debts as they become absolute and matured. (b) In determining if a partnership is insolvent, there shall be added to the partnership property: (1) The present fair market value of […]
Fair consideration is given for property or an obligation, if: (1) In exchange for the property or obligation, as a fair equivalent for it and in good faith, property is conveyed or an antecedent debt is satisfied; or (2) The property or obligation is received in good faith to secure a present advance or antecedent debt in […]
Every conveyance made and every obligation incurred by a person who is or will be rendered insolvent by it is fraudulent as to creditors without regard to his actual intent, if the conveyance is made or the obligation is incurred without a fair consideration.
Every conveyance made without fair consideration when the person who makes it is engaged or is about to engage in a business or transaction for which the property remaining in his hands after the conveyance is an unreasonably small capital, is fraudulent as to creditors and other persons who become creditors during the continuance of […]
Every conveyance made and every obligation incurred without fair consideration when the person who makes the conveyance or who enters into the obligation intends or believes that he will incur debts beyond his ability to pay as they mature, is fraudulent as to both present and future creditors.
Every conveyance made and every obligation incurred with actual intent, as distinguished from intent presumed in law, to hinder, delay, or defraud present or future creditors, is fraudulent as to both present and future creditors.
(a) Every conveyance of partnership property and every partnership obligation incurred when the partnership is or will be rendered insolvent by it, is fraudulent as to partnership creditors, if the conveyance is made or the obligation is incurred to: (1) A partner, whether with or without a promise by him to pay partnership debts, unless the conveyance […]
(a) If a conveyance or obligation is fraudulent as to a creditor whose claim has matured, the creditor, as against any person except a purchaser for fair consideration without knowledge of the fraud at the time of the purchase or one who has derived title immediately or immediately from such a purchaser, may: (1) Have the conveyance […]
(a) If a conveyance made or obligation incurred is fraudulent as to a creditor whose claim has not matured, he may proceed in a court of competent jurisdiction against any person against whom he could have proceeded had his claim matured. (b) In the proceeding, the court may: (1) Restrain the defendant from disposing of his property; (2) Appoint […]
A conveyance is not fraudulent as to a creditor if, conducted in accordance with applicable law, the conveyance results from: (1) A foreclosure sale; (2) A sale to enforce a statutory lien; (3) A judicial sale; or (4) A sale of property under levy.
In any case not provided for in this subtitle, the rules of law and equity, including the law merchant, the law of principal and agent, and the effect of fraud, misrepresentation, duress or coercion, mistake, bankruptcy, or other invalidating cause, shall govern.
This subtitle shall be interpreted and construed to effectuate its general purpose to make uniform the law of the states which enact it.
This subtitle does not repeal the law relating to: (1) Fraudulent conveyances from one spouse to the other, as provided in §§ 4-205, 4-206, and 4-301 of the Family Law Article; (2) Priorities and preferences in insolvency, as provided in Subtitle 1 of this title; or (3) Bulk transfers, as defined in Title 6 of this article.
This subtitle may be cited as the Maryland Uniform Fraudulent Conveyance Act.
