Title XXVII — DEBTOR-CREDITOR RELATIONS

428.005. Short title. — Sections 428.005 to 428.059 may be cited as the "Uniform Fraudulent Transfer Act". ­­-------- (L. 1992 S.B. 448)

428.009. Definitions. — As used in sections 428.005 to 428.059, the following terms mean: (1) "Affiliate": (a) A person who 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 …

428.014. Insolvency. — 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 who is generally not paying his debts as they become due is presumed to be insolvent. 3. A partnership is insolvent under s…

428.019. Value. — 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 …

428.024. Transfers fraudulent as to present and future creditors. — 1. A transfer made or obligation incurred by a debtor is fraudulent as to a creditor, whether the creditor's claim arose before or after the transfer was made or the obligation was incurred, if the debtor made th…

428.029. Transfers fraudulent as to present creditors. — 1. A transfer made or obligation incurred by a debtor is fraudulent 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 w…

428.034. When transfer is made or obligation is incurred. — For the purposes of sections 428.005 to 428.059: (1) A transfer is made: (a) 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 t…

428.039. Remedies of creditors. — 1. In an action for relief against a transfer or obligation under sections 428.005 to 428.059, a creditor, subject to the limitations in section 428.044, may obtain: (1) Avoidance of the transfer or obligation to the extent necessary to satisfy t…

428.044. Defenses, liability, and protection of transferee. — 1. A transfer or obligation is not voidable under subdivision (1) of subsection 1 of section 428.024 against a person who took in good faith and for a reasonably equivalent value or against any subsequent transferee or…

428.049. Extinguishment of claim for relief or cause of action. — A claim for relief or cause of action with respect to a fraudulent transfer or obligation under sections 428.005 to 428.059 is extinguished unless action is brought: (1) Under subdivision (1) of subsection 1 of sec…

428.054. Supplementary provisions. — Unless displaced by the provisions of sections 428.005 to 428.059, 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,…

428.059. Uniformity of applications and construction. — Sections 428.005 to 428.059 shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of sections 428.005 to 428.059 among states enacting it. ­­-------- (L. 1992 S.…

428.105. Definitions. — 1. For the purposes of sections 428.105 to 428.135: (1) "Court" is the United States Supreme Court, Federal Courts of Appeal, Federal District Courts, Federal Magistrates, Federal Administrative Courts, Missouri supreme court, Missouri courts of appeal, Mi…

428.110. Filing officer may reject lien, exceptions — filing officer to accept notice of invalid lien, when. — 1. Any filing officer may reject for filing or recording any nonconsensual common law lien. This section shall not be construed to permit rejection of a document that is…

428.115. Lien claimant may petition court, procedure. — Any person who attempts to file a lien against real or personal property that is rejected pursuant to subsection 1 of section 428.110 may petition the circuit court of the county of the filing officer that rejected such lien…

428.120. Petition to declare lien invalid, procedure. — Any person who has real or personal property or an interest therein, which is subject to a recorded nonconsensual common law lien, who believes such lien is invalid, may petition the circuit court of the county in which the …

428.125. Contents of order — remedies — copy of order to be filed. — 1. Any order rendered pursuant to section 428.115 or 428.120 shall clearly state that if the lien claimant fails to appear at the time and place noted, the claim of lien shall be declared void ab initio and rele…

428.130. Filing officers not liable. — Filing officers and any employees thereof, acting in the scope of employment, shall not be liable for damages pursuant to sections 428.105 to 428.125 and, except as otherwise provided by law, shall not be required to defend decisions to acce…

428.135. Liability for filing or recording certain documents. — Any person who records or files in the office of a filing officer: (1) Any document purporting to create a nonconsensual common law lien against real or personal property; or (2) A notice of invalid lien pursuant to …