§ 275 — When transfer is made or obligation is incurred

New York § 275

• Jurisdiction: New York
• Law DCD: Debtor & Creditor
• Art. 10: Uniform Voidable Transactions Act

Text

§ 275. When transfer is made or obligation is incurred. For the\npurposes of this article:\n (a) a transfer is made:\n (1) with respect to an asset that is real property other than a\nfixture, but including the interest of a seller or purchaser under a\ncontract for the sale of the asset, when the transfer is so far\nperfected that a good-faith purchaser of the asset from the debtor\nagainst which applicable law permits the transfer to be perfected cannot\nacquire an interest in the asset that is superior to the interest of the\ntransferee; and\n (2) with respect to an asset that is not real property or that is a\nfixture, when the transfer is so far perfected that a creditor on a\nsimple contract cannot acquire a judicial lien otherwise than under this\narticle that is superior to the interest of the transferee;\n (b) if applicable law permits the transfer to be perfected as provided\nin subdivision (a) of this section and the transfer is not so perfected\nbefore the commencement of an action for relief under this article, the\ntransfer is deemed made immediately before the commencement of the\naction;\n (c) if applicable law does not permit the transfer to be perfected as\nprovided in subdivision (a) of this section, the transfer is made when\nit becomes effective between the debtor and the transferee;\n (d) a transfer is not made until the debtor has acquired rights in the\nasset transferred; and\n (e) an obligation is incurred:\n (1) if oral, when it becomes effective between the parties; or\n (2) if evidenced by a record, when the record signed by the obligor is\ndelivered to or for the benefit of the obligee.\n