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30 sections in this chapter.
Neb. Rev. Stat. § 36-103 Interest in land; how created.
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No estate or interest in land, other than leases for a term of one year from the making thereof, nor any trust or power over or concerning lands, or in any manner relating thereto, shall hereafter be created, granted, assigned, surrendered, or declared, unless by operation of law…
Neb. Rev. Stat. § 36-104 Interest in land; how created; devises; trusts by operation of law.
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Section 36-103 shall not be construed to affect in any manner the power of a testator in the disposition of his real estate by a last will and testament, nor to prevent any trust from arising or being extinguished by implication or operation of law.
Neb. Rev. Stat. § 36-105 Contracts for lease or sale of lands; when void.
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Every contract for the leasing for a longer period than one year, or for the sale of any lands, shall be void unless the contract or some note or memorandum thereof be in writing and signed by the party by whom the lease or sale is to be made.
Neb. Rev. Stat. § 36-106 Contracts for lease or sale of lands; specific performance.
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Nothing contained in sections 36-103 to 36-106 shall be construed to abridge the powers of a court of equity to compel the specific performance of agreements in cases of part performance.
Neb. Rev. Stat. § 36-107 Sale of lands; owner's contract with agent or broker; when void.
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Every contract for the sale of lands between the owner thereof and any broker or agent employed to sell the same, shall be void, unless the contract is in writing and subscribed by the owner of the land and the broker or agent. Such contract shall describe the land to be sold, an…
Neb. Rev. Stat. § 36-202 Agreements; writing required, when.
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In the following cases every agreement shall be void, unless such agreement, or some note or memorandum thereof, be in writing, and subscribed by the party to be charged therewith: (1) Every agreement that, by its terms, is not to be performed within one year from the making ther…
Neb. Rev. Stat. § 36-203 Auctioneer's memorandum, how construed.
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Whenever goods shall be sold at public auction, and the auctioneer shall, at the time of the sale, enter in a sale book a memorandum specifying the nature and price of the property sold, the terms of sale, the name of the purchaser, and the name of the person on whose account the…
Neb. Rev. Stat. § 36-211 Motion picture films; contracts for rental; deposits a trust fund; safekeeping.
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Whenever money shall be deposited or advanced as security on a contract for the use or rental of motion picture films, reels or views, and to secure the performance of the contract or to be applied to payments upon such contract when due, such money, with interest accruing thereo…
Neb. Rev. Stat. § 36-212 Motion picture films; contracts for rental; deposits; waiver of rights void.
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Any provision of a contract whereby a person, association or corporation, who has deposited or advanced money on a contract for the use or rental of motion picture films, reels, or views as personal property, waives any provision of section 36-211, is void.
Neb. Rev. Stat. § 36-213 Assignment of wages by head of family; similar transactions; limitations; when void.
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Except as provided in the Income Withholding for Child Support Act, every assignment of the wages or earnings of the head of a family and every contract or agreement intending or purporting to have the effect of such assignment shall be void unless such contract, agreement, assig…
Neb. Rev. Stat. § 36-213.01 Assignment of wages by head of family; violation; penalty.
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Any person, firm, corporation, company, partnership, limited liability company, or business institution that violates section 36-213 shall (1) be liable to the party injured through such violation thereof for the amount of the wages withheld by any employer under such void assign…
Neb. Rev. Stat. § 36-402 Lands; estate and interest in lands, defined.
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The term lands, as used in sections 36-402 to 36-409, shall be construed as coextensive in meaning with lands, tenements, and hereditaments, and the term estate and interest in lands, shall be construed to embrace every estate and interest, freehold and chattel, legal and equitab…
Neb. Rev. Stat. § 36-404 Grant or assignment of existing trust; when void.
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Every grant or assignment of any existing trust in lands, goods or things in action, unless the same shall be in writing, subscribed by the party making the same, shall be void.
Neb. Rev. Stat. § 36-408 Consideration; how proved.
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The consideration of any contract or agreement, required by the provisions of sections 36-103 to 36-106 and 36-202 to be in writing, need not be set forth in the contract or agreement or in the note or memorandum thereof, but may be proved by any other legal evidence.
Neb. Rev. Stat. § 36-409 Agent; authority to subscribe.
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Every instrument required by any of the provisions of sections 36-103 to 36-106, 36-202, and 36-402 to 36-409 to be subscribed by any party, may be subscribed by his agent thereunto authorized by writing.
Neb. Rev. Stat. § 36-801 Short title.
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Sections 36-801 to 36-815 shall be known and may be cited as the Uniform Voidable Transactions Act.
Neb. Rev. Stat. § 36-802 Definitions.
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As used in the Uniform Voidable Transactions Act: (1) Affiliate means: (i) 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 the securities: (…
Neb. Rev. Stat. § 36-803 Insolvency.
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(a) A debtor is insolvent if, at a fair valuation, the sum of the debtor's debts is greater than the sum of the debtor's assets. (b) A debtor that is generally not paying the debtor's debts as they become due other than as a result of a bona fide dispute is presumed to be insolve…
Neb. Rev. Stat. § 36-804 Value.
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(a) 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…
Neb. Rev. Stat. § 36-805 Transfer or obligation voidable as to present or future creditor.
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(a) A transfer made or obligation incurred by a debtor is voidable 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 the transfer or incurred the obligation: (1) with actual intent to hind…
Neb. Rev. Stat. § 36-806 Transfer or obligation voidable as to present creditor.
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(a) 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…
Neb. Rev. Stat. § 36-807 When transfer is made or obligation is incurred.
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For the purposes of the Uniform Voidable Transactions Act: (1) 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 …
Neb. Rev. Stat. § 36-808 Remedies of creditor.
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(a) In an action for relief against a transfer or obligation under the Uniform Voidable Transactions Act, a creditor, subject to the limitations in section 36-809, may obtain: (1) avoidance of the transfer or obligation to the extent necessary to satisfy the creditor's claim; (2)…
Neb. Rev. Stat. § 36-809 Defenses, liability, and protection of transferee or obligee.
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(a) A transfer or obligation is not voidable under subdivision (a)(1) of section 36-805 against a person that took in good faith and for a reasonably equivalent value or against any subsequent transferee or obligee. (b) To the extent a transfer is avoidable in an action by a cred…
Neb. Rev. Stat. § 36-810 Extinguishment of claim for relief.
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A claim for relief with respect to a transfer or obligation under the Uniform Voidable Transactions Act is extinguished unless action is brought: (1) under subdivision (a)(1) of section 36-805, not later than four years after the transfer was made or the obligation was incurred o…
Neb. Rev. Stat. § 36-811 Governing law.
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(a) In this section, the following rules determine a debtor's location: (1) A debtor who is an individual is located at the individual's principal residence. (2) A debtor that is an organization and has only one place of business is located at its place of business. (3) A debtor …
Neb. Rev. Stat. § 36-812 Application to series organization.
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(a) In this section: (1) Protected series means an arrangement, however denominated, created by a series organization that, pursuant to the law under which the series organization is organized, has the characteristics set forth in subdivision (2) of this subsection. (2) Series or…
Neb. Rev. Stat. § 36-813 Supplementary provisions.
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Unless displaced by the provisions of the Uniform Voidable Transactions Act, 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 valid…
Neb. Rev. Stat. § 36-814 Uniformity of application and construction.
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The Uniform Voidable Transactions Act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of the act among states enacting it.
Neb. Rev. Stat. § 36-815 Relation to Electronic Signatures in Global and National Commerce Act.
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The Uniform Voidable Transactions Act modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., as the act existed on September 1, 2019, but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. 700…