Bill
Bill > A05622
NY A05622
Enacts the uniform voidable transactions act and repeals provisions relating to fraudulent conveyances.
summary
Introduced
02/14/2019
02/14/2019
In Committee
03/20/2019
03/20/2019
Crossed Over
03/20/2019
03/20/2019
Passed
11/26/2019
11/26/2019
Dead
Signed/Enacted/Adopted
12/06/2019
12/06/2019
Introduced Session
2019-2020 General Assembly
Bill Summary
AN ACT to amend the debtor and creditor law, the civil practice law and rules, the estates, powers and trusts law and the workers' compensation law, in relation to enacting the "uniform voidable transactions act"; and to repeal certain provisions of the debtor and creditor law relating to fraudulent conveyances The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1
AI Summary
This bill enacts the Uniform Voidable Transactions Act and repeals provisions relating to fraudulent conveyances in New York. Key provisions include:
- Defining key terms like "asset," "creditor," "debtor," "insider," and "transfer" for the purposes of the Act.
- Establishing when a debtor is considered insolvent and how to determine the value of a transfer or obligation.
- Laying out circumstances under which a transfer or obligation can be considered voidable by a creditor, including if the debtor acted with intent to hinder, delay or defraud, or if the debtor did not receive reasonably equivalent value in exchange.
- Providing remedies for creditors, such as avoiding the transfer, attaching assets, or appointing a receiver.
- Outlining defenses for good faith transferees and obligations, as well as the burden of proof.
- Establishing a statute of limitations for bringing claims under the Act.
- Specifying that the Act's provisions apply to transfers made or obligations incurred on or after the effective date, but not to prior transactions or accrued rights of action.
The bill also makes conforming changes to related laws, such as the Civil Practice Law and Rules, Estates, Powers and Trusts Law, and Workers' Compensation Law.
Committee Categories
Housing and Urban Affairs, Justice
Sponsors (4)
Last Action
signed chap.580 (on 12/06/2019)
Official Document
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