Kentucky Uniform Voidable Transactions Act
Kentucky · Kentucky Uniform Voidable Transactions Act · §§ 378A.005 to 378A.140 · 15 sections
Overview
The act governs the relationship between debtors and their creditors and the circumstances in which a transfer of property or an obligation incurred by a debtor can be undone because it unfairly interferes with a creditor's ability to collect. It supplies the operative definitions and tests — what counts as value, when a debtor is insolvent, when a transfer is treated as made, and when actual intent to defraud or the absence of reasonably equivalent value renders a transfer voidable — and it specifies the relief available to a creditor, the conditions under which a judgment may be entered against a transferee, the deadline for bringing an action, and where suit may be filed. It also regulates assignments a debtor makes for the benefit of creditors, requiring that the deed of assignment be executed, filed, and recorded together with sworn statements and a list of the assignor's property and creditors, that the assignee post bond and then administer and distribute the estate, and it sets out who may sue to set an assignment aside, what must be proved, and how creditors are notified and paid.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
In the courts
Sections of this act have been cited in 5 court decisions.
Most-cited authority: 565 B.R. 794 - Spradlin ex rel. J.A.D. Coal Co. v. Pryor Cashman LLP (In re Licking River Mining, LLC)
Sections covered
- KRS 378A.005Short title5 cites
- KRS 378A.010Definitions for chapter
- KRS 378A.020Insolvency
- KRS 378A.030Value
- KRS 378A.040Transfer or obligation voidable as to present or future creditor
- KRS 378A.050Transfer or obligation voidable as to present creditor
- KRS 378A.060When transfer is made or obligation is incurred
- KRS 378A.070Remedies of creditor
- KRS 378A.080Defenses, liability, and protection of transferee or obligee
- KRS 378A.090Extinguishment of claim for relief
- KRS 378A.100Governing law
- KRS 378A.110Application to series organization
- KRS 378A.120Supplementary provisions
- KRS 378A.130Uniformity of application and construction
- KRS 378A.140Relation to Electronic Signatures in Global and National Commerce Act
Enacted in other states
Alabama, Arkansas, California, Georgia, Iowa, Idaho, Indiana, Minnesota, North Carolina, New Jersey, New Mexico, Oregon, Pennsylvania, Rhode Island, Vermont
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