Chapter 36 — FRAUD AND VOIDABLE TRANSACTIONS

76 sections in this chapter.

76 sectionsFiltered byCh 36

Repealed. Laws 2019, LB70, § 20.
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[Repealed or reserved.]
Repealed. Laws 2019, LB70, § 20.
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[Repealed or reserved.]
Repealed. Laws 2019, LB70, § 20.
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[Repealed or reserved.]
Repealed. Laws 2019, LB70, § 20.
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[Repealed or reserved.]
Repealed. Laws 2019, LB70, § 20.
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[Repealed or reserved.]
Repealed. Laws 2019, LB70, § 20.
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[Repealed or reserved.]
Repealed. Laws 2019, LB70, § 20.
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[Repealed or reserved.]
Repealed. Laws 2019, LB70, § 20.
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[Repealed or reserved.]
Repealed. Laws 2019, LB70, § 20.
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[Repealed or reserved.]
Repealed. Laws 2019, LB70, § 20.
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[Repealed or reserved.]
Repealed. Laws 2019, LB70, § 20.
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[Repealed or reserved.]
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…