Sections
14 entriesSection 3439Establishes “Uniform Voidable Transactions Act” as the authorized citation for the chapter. The chapter may be cited by that name, giving the…Section 3439.01Defines terms for the voidable-transfers chapter, including asset, claim, creditor, debt, debtor, lien, organization, person, property, record, relative, transfer, and valid lien.…Section 3439.02Defines a debtor as insolvent when fairly valued debts exceed assets and presumes insolvency when the debtor generally fails to pay debts…Section 3439.03Defines value for a transfer or obligation as property transferred in exchange or an antecedent debt secured or satisfied. Excludes an unperformed…Section 3439.04Establishes that a debtor’s transfer or obligation is voidable as to a creditor when made with actual intent to hinder, delay, or…Section 3439.05Allows a creditor whose claim predates a transfer or obligation to avoid it when the debtor received no reasonably equivalent value and…Section 3439.06Defines when transfers and obligations are made for the chapter, generally tying transfers to perfection against later purchasers or lien creditors, or…Section 3439.07Allows a creditor challenging a transfer or obligation, subject to statutory limits, to obtain avoidance, attachment or other provisional remedies, injunctions, a…Section 3439.08Limits avoidance and recovery for voidable transfers by protecting a person who took in good faith and for reasonably equivalent value and…Section 3439.09Sets extinguishment periods for voidable-transfer claims: specified intentional-transfer claims must be brought within four years or, if later, one year after actual…Section 3439.10Defines an individual debtor’s location as the principal residence, a one-location organization’s as its place of business, and a multi-location organization’s as…Section 3439.12Establishes that principles of law and equity supplement the chapter unless the chapter displaces them. The supplemental principles include the law merchant…Section 3439.13Requires the chapter to be applied and construed to carry out its general purpose of making the law uniform on its subject…Section 3439.14Limits amendments made by the specified act to rights of action accruing, transfers made, or obligations incurred on or after that act’s…