Uniform Voidable Transactions Act
Rhode Island · Commercial Law — General Regulatory Provisions · §§ 6-16-1 to 6-16-9 · 20 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 33 court decisions.
Most-cited authority: 124 F.3d 252 - Ed Peters Jewelry Co. v. C & J Jewelry Co.
Sections covered
- R.I. Gen. Laws § 6-16-1Definitions12 cites
- R.I. Gen. Laws § 6-16-10Supplementary provisions2 cites
- R.I. Gen. Laws § 6-16-11Uniformity of application and construction1 cite
- R.I. Gen. Laws § 6-16-12Short title
- R.I. Gen. Laws § 6-16-13Governing law
- R.I. Gen. Laws § 6-16-14Application to series organization
- R.I. Gen. Laws § 6-16-15Supplementary provisions
- R.I. Gen. Laws § 6-16-16Uniformity of application and construction
- R.I. Gen. Laws § 6-16-17Relation to Electronic Signatures in Global and National Commerce Act
- R.I. Gen. Laws § 6-16-2Insolvency
- R.I. Gen. Laws § 6-16-3Value
- R.I. Gen. Laws § 6-16-4Transfers voidable as to present and future creditors8 cites
- R.I. Gen. Laws § 6-16-5Transfers or obligations voidable as to present creditors4 cites
- R.I. Gen. Laws § 6-16-5.1Transfers voidable as to depository creditors of financial institutions closed by proclamation of the governor dated January 1, 1991 — Remedies
- R.I. Gen. Laws § 6-16-6When transfer is made or obligation is incurred
- R.I. Gen. Laws § 6-16-7Remedies of creditor2 cites
- R.I. Gen. Laws § 6-16-8Defenses, liability, and protection of transferee or obligee1 cite
- R.I. Gen. Laws § 6-16-8.1Intentional concealment of support
- R.I. Gen. Laws § 6-16-8.2Fraudulent conveyance by transferor of child support — Civil action
- R.I. Gen. Laws § 6-16-9Extinguishment of claim for relief3 cites
Enacted in other states
Alabama, Arkansas, California, Georgia, Iowa, Idaho, Indiana, Kentucky, Minnesota, North Carolina, New Jersey, New Mexico, Oregon, Pennsylvania, Vermont
All Rhode Island named statutes →
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