Section 15-213 – Certain Statutes Not Repealed
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.
Section 15-214 – Short Title
This subtitle may be cited as the Maryland Uniform Fraudulent Conveyance Act.
Section 15-210 – Rights of Creditor Whose Claim Has Not Matured
(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 […]
Section 15-210.1 – Foreclosure Sales
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.
Section 15-211 – Cases Not Provided for in Subtitle
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.
Section 15-212 – Construction of Subtitle
This subtitle shall be interpreted and construed to effectuate its general purpose to make uniform the law of the states which enact it.
Section 15-202 – Insolvency
(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 […]
Section 15-203 – Fair Consideration
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 […]
Section 15-204 – Conveyance by Insolvent
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.
Section 15-205 – Conveyance by Person in Business
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 […]