Colorado § 38-8-107 When transfer is made or obligation is incurred

Colorado Statutes

§ 38-8-107 — When transfer is made or obligation is incurred

Colorado·Title 38 Property -·Art. Fraudulent Transfers

(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 good faith purchaser of the asset from the debtor against which applicable law permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the interest of the transferee; and

(II)With respect to an asset that is not real property or that is a fixture, when the transfer is so far perfected that a creditor on a simple contract cannot acquire a judicial lien otherwise than under this article that is superior to the interest of the transferee.

(2)If applicable law permi

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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 good faith purchaser of the asset
from the debtor against which applicable law permits the transfer to be perfected
cannot acquire an interest in the asset that is superior to the interest of the
transferee; and

(II) With respect to an asset that is not real property or that is a fixture, when
the transfer is so far perfected that a creditor on a simple contract cannot acquire a
judicial lien otherwise than under this article that is superior to the interest of the
transferee.

(2) If applicable law permits the transfer to be perfected as provided in
subsection (1) of this section and the transfer is not so perfected before the
commencement of an action for relief under this article, the transfer is deemed
made immediately before the commencement of the action.

(3) If applicable law does not permit the transfer to be perfected as provided
in subsection (1) of this section, the transfer is made when it becomes effective
between the debtor and the transferee.

(4) A transfer is not made until the debtor has acquired rights in the asset
transferred.

(5) An obligation is incurred:

(a) If oral, when it becomes effective between the parties; or

(b) If evidenced by a record, when the record signed by the obligor is
delivered to or for the benefit of the obligee.

Colorado § 38-8-107 (When transfer is made or obligation is incurred) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 91: Entire article added, p. 1686, � 1, effective July 1. L. 2025: IP(1), (1)(a)(I), and (5)(b) amended, (SB 25-133), ch. 57, p. 240, � 6, effective August 6.