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Bill > S04236


NY S04236

Enacts the uniform voidable transactions act and repeals provisions relating to fraudulent conveyances.


summary

Introduced
03/05/2019
In Committee
03/20/2019
Crossed Over
03/20/2019
Passed
11/26/2019
Dead
Signed/Enacted/Adopted
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 state. The key provisions of the bill include: 1. Defining key terms like "asset," "creditor," "debtor," "insider," and "transfer" under the new Uniform Voidable Transactions Act. 2. Establishing standards for determining when a debtor is insolvent and when value is given for a transfer or obligation. 3. Allowing creditors to void transfers or obligations made by a debtor with the intent to hinder, delay, or defraud creditors, or without receiving reasonably equivalent value. 4. Providing remedies for creditors, including avoidance of the transfer, attachment of the asset, and appointment of a receiver. 5. Establishing defenses and protections for good-faith transferees and obligees. 6. Aligning the state's civil practice law and rules, estates law, and workers' compensation law with the new Uniform Voidable Transactions Act terminology. 7. Specifying an effective date of 120 days after becoming law and applying the new Act prospectively.

Committee Categories

Housing and Urban Affairs, Justice

Sponsors (1)

Last Action

signed chap.580 (on 12/06/2019)

bill text


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