Montana Statutes
§ 31-2-334 — Transfers Fraudulent As To Present Creditors
Montana·Title 31 CREDIT TRANSACTIONS AND RELATIONSHIPS·Ch. 2 DEBTOR AND CREDITOR RELATIONSHIPS·Part 3 Uniform Fraudulent Transfer Act
31-2-334 . 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 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.
(2)A transfer made by a debtor is fraudulent 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 insolvent.
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Montana § 31-2-334 (Transfers Fraudulent As To Present Creditors) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Legislative History
En. Sec. 6, Ch. 324, L. 1991.
Nearby Sections
15
§ 31-2-101
Debtor Defined§ 31-2-102
Creditor Defined§ 31-2-103
Contracts Of Debtor Are Valid§ 31-2-104
Payments In Preference§ 31-2-105
Relative Rights Of Different Creditors§ 31-2-106
Exempt Property -- Bankruptcy Proceeding§ 31-2-201
When Debtor May Execute Assignment§ 31-2-202
Insolvency -- What Constitutes§ 31-2-203
Certain Transfers Not Affected§ 31-2-204
What Debts May Be Secured§ 31-2-205
Preference Given For Wages§ 31-2-206
Preference To Be Absolute§ 31-2-208
Joint And Separate Debts§ 31-2-209
Assignment -- When Void