Uniform Voidable Transactions Act
New Mexico · Commercial Instruments and Transactions · §§ 56-10-1 to 56-10-29 · 17 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 3 court decisions.
Most-cited authority: 110 F. Supp. 2d 1335 - United States v. Spence
Sections covered
- § 56-10-1 NMSA 197856-10-1 to 56-10-13. Repealed1 cite
- § 56-10-14 NMSA 1978Short title1 cite
- § 56-10-15 NMSA 1978Definitions
- § 56-10-16 NMSA 1978Insolvency
- § 56-10-17 NMSA 1978Value
- § 56-10-18 NMSA 1978Transfer or obligation voidable as to present or future creditor
- § 56-10-19 NMSA 1978Transfer or obligation voidable as to present creditor
- § 56-10-20 NMSA 1978When transfer is made or obligation is incurred
- § 56-10-21 NMSA 1978Remedies of creditor
- § 56-10-22 NMSA 1978Defenses, liability and protection of transferee or obligee
- § 56-10-23 NMSA 1978Extinguishment of cause of action1 cite
- § 56-10-24 NMSA 1978Governing law
- § 56-10-25 NMSA 1978Application to series organization
- § 56-10-26 NMSA 1978Supplementary provisions
- § 56-10-27 NMSA 1978Uniformity of application and construction
- § 56-10-28 NMSA 1978Relation to Electronic Signatures in Global and National Commerce Act
- § 56-10-29 NMSA 1978Applicability
Enacted in other states
Alabama, Arkansas, California, Georgia, Iowa, Idaho, Indiana, Kentucky, Minnesota, North Carolina, New Jersey, Oregon, Pennsylvania, Rhode Island, Vermont
All New Mexico named statutes →
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