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Code · New York · Debtor & Creditor · Uniform Voidable Transactions Act

§ 275. When transfer is made or obligation is incurred.

284 words·~1 min read·/ny/debtor-creditor/uniform-voidable-transactions-act/275

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§ 275. When transfer is made or obligation is incurred. For the
purposes of this article:
(a)a transfer is made:
(1)with respect to an asset that is real property other than a
fixture, but including the interest of a seller or purchaser under a
contract for the sale of the asset, when the transfer is so far
perfected that a good-faith purchaser of the asset from the debtor
against which applicable law permits the transfer to be perfected cannot
acquire an interest in the asset that is superior to the interest of the
transferee; and
(2)with respect to an asset that is not real property or that is a
fixture, when the transfer is so far perfected that a creditor on a
simple contract cannot acquire a judicial lien otherwise than under this
article that is superior to the interest of the transferee;
(b)if applicable law permits the transfer to be perfected as provided
in subdivision
(a)of this section and the transfer is not so perfected
before the commencement of an action for relief under this article, the
transfer is deemed made immediately before the commencement of the
action;
(c)if applicable law does not permit the transfer to be perfected as
provided in subdivision
(a)of this section, the transfer is made when
it becomes effective between the debtor and the transferee;
(d)a transfer is not made until the debtor has acquired rights in the
asset transferred; and
(e)an obligation is incurred:
(1)if oral, when it becomes effective between the parties; or
(2)if evidenced by a record, when the record signed by the obligor is
delivered to or for the benefit of the obligee.
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