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Another term for voluntary conveyance9/27/2023 68, 8 S.E.2d 376 (1940) (decided under former Code 1933, § 28-201).Īs to claims against one corporation whose property has been purchased by another, the general law would apply, prohibiting any transaction in fraud of creditors, and preventing an assignment by an insolvent wherein it or stockholders reserved any benefit or trust. This rule applies with equal force in determining character and the purpose of the transaction between an individual and a corporation controlled by the individual. 491 (1920) (decided under former Civil Code 1910, § 3224).īefore conveyance by insolvent debtor can be attacked by debtor's creditor, it must appear that the insolvent debtor actually parted with some valuable asset which belonged to the debtor, and which, if title had been retained, might have been subjected to debts. Fraudulent Conveyance Act applied to conveyance of own property intended to delay or defraud, known to taker. 247 (1918) (decided under former Civil Code 1895, § 2695) (decided under former Civil Code 1910, § 3224).įormer Civil Code 1910, § 3224 referred to creditors at time of conveyance. 1980) (decided under former Code 1933, § 28-201).įor discussion of history of former Code 1868, § 1944, see Westmoreland v. Northwest Recreational Activities, Inc., 4 Bankr. Conveyances Between Relatives and Spouses.For note discussing fraudulent conveyances by debtors, see 12 Ga. For article, "Preparing the Georgia Farmer (or Other Small Entrepreneur) for Bankruptcy," see 22 Ga. For article surveying domestic relations law in 1984-85, see 37 Mercer L. "(4) For purposes of this subsection, a transfer is made and an obligation is incurred at the time provided in Code Section 18-7-76." Law reviews. "(3) Not apply to a right of action that has accrued before Jand "(2) Not apply to a transfer made or obligation incurred before J "(1) Apply to a transfer made or obligation incurred on or after J 996, § 7-1(d)/SB 65, not codified by the General Assembly, provides that: "(d) The amendments made by Parts 4A and 4B of this Act shall: "(b) To promote consistency among the states, it is the intent of the General Assembly to modernize certain existing uniform laws promulgated by the Uniform Law Commission affecting debtor and creditor rights, responsibilities, and relationships and other federally recognized laws affecting such rights, responsibilities, and relationships." 996, § 1-1/SB 65, not codified by the General Assembly, provides that: "(a) This Act shall be known and may be cited as the 'Debtor-Creditor Uniform Law Modernization Act of 2015.' Wrongful sale or removal of mortgaged property, § 44-14-6. Gifts void as against creditors and bonafide purchasers, § 44-5-88. Rights of unsecured creditors of seller of goods which have been identified to contract for sale, § 11-2-402.Īttack by creditors on transactions between husband and wife, § 19-3-10. Provision that plaintiff may state claim for money and claim to set aside fraudulent conveyance without first obtaining judgment establishing claim for money, § 9-11-18.įorm of complaint on claim for debt and to set aside fraudulent conveyance, § 9-11-113.
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