US Lawyer Database

§40-1A-5. Transfers Fraudulent as to Present Creditors

(a) A transfer made or obligation incurred by a debtor is fraudulent 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 exchange for the transfer or obligation and the debtor […]

§40-1A-6. When Transfer Is Made or Obligation Is Incurred

For the purposes of this article: (a) A transfer is made: (1) 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 a good-faith purchaser of […]

§40-1A-7. Remedies of Creditors

(a) In an action for relief against a transfer or obligation under this article, a creditor, subject to the limitations in section eight of this article, may obtain: (1) Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor's claim;

§40-1A-8. Defenses, Liability and Protection of Transferee

(a) A transfer or obligation is not voidable under §40-1A-4(a)(1) of this code, against a person who took in good faith and for a reasonably equivalent value or against any subsequent transferee or obligee. (b) Except as otherwise provided in this section, to the extent a transfer is voidable in an action by a creditor […]

§40-1A-9. Extinguishment of Claim for Relief, Cause of Action

A cause of action with respect to a fraudulent transfer or obligation under this article is extinguished unless action is brought: (a) Under subdivision (1), subsection (a), section four of this article, within four years after the transfer was made or the obligation was incurred or, if later, within one year after the transfer or […]

§40-1A-10. Supplementary Provisions

Unless displaced by the provisions of this article, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency or other validating or invalidating cause, supplement its provisions.

§40-1A-13. Governing Law

(a) In this section, the following rules determine a debtor’s location: (1) A debtor who is an individual is located at the individual’s principal residence.

§40-1A-14. Application to and Recognition of a Foreign Series Organization

(a) In this section: “Protected series” means an arrangement, however denominated, created by a series organization that, pursuant to the law under which the series organization is organized, has the characteristics set forth in the definition of a series organization in §40-1A-14 of this code. “Series organization” means an organization that, pursuant to the law […]