Chapter 95 — Chapter 95
25 sections in this chapter.
ORS 95.010 [Repealed by 1985 c.664 §16]
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[Repealed or reserved.]
ORS 95.020 [Repealed by 1985 c.664 §16]
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[Repealed or reserved.]
ORS 95.030 [Repealed by 1985 c.664 §16]
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[Repealed or reserved.]
ORS 95.040 [Repealed by 1985 c.664 §16]
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[Repealed or reserved.]
ORS 95.050 [Repealed by 1985 c.664 §16]
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[Repealed or reserved.]
ORS 95.060 [Repealed by 1985 c.664 §16]
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[Repealed or reserved.]
ORS 95.070 [Repealed by 1985 c.664 §16]
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[Repealed or reserved.]
ORS 95.080 [Repealed by 1985 c.664 §16]
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[Repealed or reserved.]
ORS 95.090 [Repealed by 1985 c.664 §16]
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[Repealed or reserved.]
ORS 95.100 [Repealed by 1985 c.664 §16]
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[Repealed or reserved.]
ORS 95.200 Definitions for ORS 95.200 to 95.310. As used in ORS 95.200 to 95.310
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(1) “Affiliate” means: (a) A person that directly or indirectly owns, controls or holds with power to vote 20 or more percent of the outstanding voting securities of the debtor, other than a person that holds the securities: (A) As a fiduciary or agent without sole discretionary …
ORS 95.210 Insolvency. (1) 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
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(2) 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 rebuttably presumed to be insolvent. (3) Assets under this section do not include property that has been transferred, concealed or removed with inten…
ORS 95.220 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 of the promisor’s business to furnish support to the debtor or another person
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(2) For the purposes of ORS 95.230 (1)(b) and 95.240, a person gives a reasonably equivalent value if the person acquires an interest of the debtor in an asset pursuant to a regularly conducted, noncollusive foreclosure sale or execution of a power of sale for the acquisition or …
ORS 95.230 Transfer or obligation voidable as to present or future creditor. (1) 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
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(a) With actual intent to hinder, delay or defraud any creditor of the debtor; or (b) Without receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor: (A) Was engaged or was about to engage in a business or a transaction for which the re…
ORS 95.240 Transfer or obligation voidable as to present creditor. (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 for the transfer or obligation and the debtor was insolvent at that time or the debtor became insolvent as a result of the transfer or obligation
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(2) A transfer made by a debtor is voidable as to a creditor whose claim arose before the transfer was made if the transfer was made to an insider for an antecedent debt, the debtor was insolvent at that time and the insider had reasonable cause to believe that the debtor was ins…
ORS 95.250 When transfer is made or obligation is incurred. For the purposes of ORS 95.200 to 95.310
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(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 the sale of the asset, when the transfer is so far perfected that a good-faith purchaser of the asset from the…
ORS 95.260 Remedies of creditor. (1) In any action for relief against a transfer or obligation under ORS 95.200 to 95.310, a creditor, subject to the limitations provided in ORS 95.270, may obtain
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(a) Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor’s claim. (b) An attachment or other provisional remedy against the asset transferred or other property of the transferee in accordance with the procedure prescribed by any applicable provi…
ORS 95.270 Defenses, liability and protection of transferee or obligee. (1) A transfer or obligation is not voidable under ORS 95.230 (1)(a) as against a person that took in good faith and for a reasonably equivalent value given the debtor or as against any subsequent transferee or obligee
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(2) To the extent a transfer is avoidable in an action by a creditor under ORS 95.260 (1)(a), the following apply: (a) Except as otherwise provided in this section, the creditor may recover judgment for the value of the asset transferred, as adjusted under subsection (3) of this …
ORS 95.280 Extinguishment of claim for relief. A claim for relief with respect to a transfer or obligation under ORS 95.200 to 95.310 is extinguished unless action is brought
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(1) Under ORS 95.230 (1)(a) within four years after the transfer was made or the obligation was incurred or, if later, within one year after the transfer or obligation was or could reasonably have been discovered by the claimant; (2) Under ORS 95.230 (1)(b) or 95.240 (1), within …
ORS 95.283 Governing law. (1) A claim for relief in the nature of a claim for relief under ORS 95.200 to 95.310 is governed by the local law of the jurisdiction in which the debtor is located at the time the transfer is made or the obligation is incurred
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(2) For purposes of this section, a debtor’s location is determined as follows: (a) A debtor who is an individual is located at the individual’s principal residence. (b) A debtor that is an organization and has only one place of business is located at its place of business. (c) A…
ORS 95.286 Application to series organization. (1) For the purposes of ORS 95.200 to 95.310, a series organization and each protected series of the organization is a separate person, even if for other purposes a protected series is not a person separate from the series organization or other protected series of the organization
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(2) As used in this section: (a) “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 paragraph (b) of this subsection. (b) “…
ORS 95.290 Supplementary provisions. Unless displaced by the provisions of ORS 95.200 to 95.310, 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 cause, supplement its provisions. [1985 c.664 §10]
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[Repealed or reserved.]
ORS 95.300 Uniformity of application and construction. ORS 95.200 to 95.310 shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of ORS 95.200 to 95.310 among states enacting it. [1985 c.664 §11]
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[Repealed or reserved.]
ORS 95.305 Relation to Electronic Signatures in Global and National Commerce Act. ORS 95.200 to 95.310 modifies, limits and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., but does not modify, limit or supersede 15 U.S.C. 7001(c) or authorize electronic delivery of any of the notices described in 15 U.S.C. 7003(b). [2023 c.83 §4]
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[Repealed or reserved.]
ORS 95.310 Short title. ORS 95.200 to 95.310 may be cited as the Uniform Voidable Transactions Act. [1985 c.664 §12; 2023 c.83 §13]
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