Title 38, Property - Real and Personal
0 chapters · 857 sections in this title.
Colo. Rev. Stat. § 38-8-101 Short title
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The short title of this article 8, which was formerly known as the Colorado Uniform Fraudulent Transfer Act, is the Colorado Voidable Transactions Act. Source: L. 91: Entire article added, p. 1681, � 1, effective July 1. L. 2025: Entire section amended, (SB 25-133), ch. 57, p. 23…
Colo. Rev. Stat. § 38-8-102 Definitions
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As used in this article 8, unless the context otherwise requires: (1) Affiliate means: (a) A person that directly or indirectly owns, controls, or holds with power to vote twenty percent or more of the outstanding voting securities of the debtor, other than a person that holds th…
Colo. Rev. Stat. § 38-8-103 Insolvency
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(1) A debtor is insolvent if the sum of the debtor's debts is greater than all of the debtor's assets at a fair valuation. (2) A debtor that is generally not paying their debts as they become due is presumed to be insolvent. The presumption imposes on the debtor the burden of pro…
Colo. Rev. Stat. § 38-8-104 Value
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(1) Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of the promisor's…
Colo. Rev. Stat. § 38-8-106 Transfers or obligation voidable as to present creditors
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(1) A transfer made or obligation incurred by a debtor is voidable as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange…
Colo. Rev. Stat. § 38-8-107 When transfer is made or obligation is incurred
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(1) For the purposes of this article 8: (a) A transfer is made: (I) 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 go…
Colo. Rev. Stat. § 38-8-108 Remedies of creditors
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(1) In an action for relief against a transfer or obligation under this article 8, a creditor, subject to the limitations in section 38-8-109, may obtain: (a) Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor's claim; (b) An attachment or oth…
Colo. Rev. Stat. § 38-8-109 Defenses, liability, and protection of transferee or obligee
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(1) A transfer or obligation is not voidable under section 38-8-105 (1)(a) against a person that took in good faith and for a reasonably equivalent value given to the debtor or against a subsequent transferee or obligee. (2) To the extent a transfer is voidable in an action by a …
Colo. Rev. Stat. § 38-8-110 Extinguishment of a claim for relief
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(1) A claim for relief with respect to a voidable transfer or obligation under this article 8 is extinguished unless action is brought: (a) Under section 38-8-105 (1)(a), not later than four years after the transfer was made or the obligation was incurred or, if later, not later …
Colo. Rev. Stat. § 38-8-111 Supplementary provisions
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Unless displaced by the provisions of this article, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cau…
Colo. Rev. Stat. § 38-8-112 Uniformity of application and construction
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This article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this article. Source: L. 91: Entire article added, p. 1689, � 1, effective July 1. Editor's note - Colorado legislative change: This section was nu…