36-815 – Relation to Electronic Signatures in Global and National Commerce Act.
36-815. Relation to Electronic Signatures in Global and National Commerce Act. The Uniform Voidable Transactions Act modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., as the act existed on September 1, 2019, but does not modify, limit, or supersede section 101(c) of that act, 15 […]
36-408 – Consideration; how proved.
36-408. Consideration; how proved. The consideration of any contract or agreement, required by the provisions of sections 36-103 to 36-106 and 36-202 to be in writing, need not be set forth in the contract or agreement or in the note or memorandum thereof, but may be proved by any other legal evidence. Source R.S.1866, c. […]
36-409 – Agent; authority to subscribe.
36-409. Agent; authority to subscribe. Every instrument required by any of the provisions of sections 36-103 to 36-106, 36-202, and 36-402 to 36-409 to be subscribed by any party, may be subscribed by his agent thereunto authorized by writing. Source R.S.1866, c. 43, § 84, p. 297; R.S.1913, § 2650; C.S.1922, § 2560; C.S.1929, § […]
36-801 – Short title.
36-801. Short title. Sections 36-801 to 36-815 shall be known and may be cited as the Uniform Voidable Transactions Act. Source Laws 2019, LB70, § 1. Annotations 1. Prior law (Uniform Fraudulent Transfer Act, sections 36-701 to 36-712) A person seeking to set aside a transfer under the Uniform Fraudulent Transfer Act must first prove […]
36-802 – Definitions.
36-802. Definitions. As used in the Uniform Voidable Transactions Act: (1) Affiliate means: (i) a person that directly or indirectly owns, controls, or holds with power to vote, twenty percent or more of the outstanding voting securities of the debtor, other than a person that holds the securities: (A) as a fiduciary or agent without […]
36-803 – Insolvency.
36-803. Insolvency. (a) A debtor is insolvent if, at a fair valuation, the sum of the debtor’s debts is greater than the sum of the debtor’s assets. (b) A debtor that is generally not paying the debtor’s debts as they become due other than as a result of a bona fide dispute is presumed to […]
36-804 – Value.
36-804. Value. (a) Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of the promisor’s business to furnish support to the […]
36-805 – Transfer or obligation voidable as to present or future creditor.
36-805. Transfer or obligation voidable as to present or future creditor. (a) 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 the obligation was incurred, if the debtor made the transfer or incurred the obligation: (1) […]
36-806 – Transfer or obligation voidable as to present creditor.
36-806. Transfer or obligation voidable as to present creditor. (a) A transfer made or obligation incurred by a debtor is voidable as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in […]
36-807 – When transfer is made or obligation is incurred.
36-807. When transfer is made or obligation is incurred. For the purposes of the Uniform Voidable Transactions Act: (1) a transfer is made: (i) with respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, […]