Section 202 – Voidable transfer or obligation — Present or future creditor — Determination of intent — Burden of proof.
Effective 5/9/2017 25-6-202. Voidable transfer or obligation — Present or future creditor — Determination of intent — Burden of proof. (1) 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 […]
Section 203 – Transfer or obligation voidable — Present creditor — Burden of proof.
Effective 5/9/2017 25-6-203. Transfer or obligation voidable — Present creditor — Burden of proof. (1) 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: (a) the debtor made the transfer or incurred the obligation without […]
Section 302 – Transfer — When made.
Effective 5/9/2017 25-6-302. Transfer — When made. In this chapter: (1) a transfer is made: (a) 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, when the transfer is so far perfected that […]
Section 303 – Remedies of creditors.
Effective 5/9/2017 25-6-303. Remedies of creditors. (1) In an action for relief against a transfer or obligation under this chapter, a creditor, subject to the limitations in Section 25-6-304, may obtain: (a) avoidance of the transfer or obligation to the extent necessary to satisfy the creditor’s claim; (b) an attachment or other provisional remedy against […]
Section 103 – Insolvency.
Effective 5/9/2017 25-6-103. Insolvency. (1) A debtor is insolvent if, at fair valuation, the sum of the debtor’s debts is greater than all of the debtor’s assets. (2) (a) 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 […]