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Session Laws, 1975
Volume 716, Page 612   View pdf image
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612

LAWS OF MARYLAND

[Ch. 49

(1)    FRAUDULENT CONVEYANCE AS DEFINED IN
SUBTITLE 2 OF THIS TITLE;

(2)     PREFERENTIAL TRANSFER MADE BY THE
INSOLVENT TO OR FOR THE BENEFIT OF A CREDITOR WITHIN POUR
MONTHS OF THE COMMENCEMENT OF THE PROCEEDING FOR OR ON
ACCOUNT OF AN ANTECEDENT DEBT IF:

(i) THE TRANSFER WAS MADE OR SUFFERED BY THE
INSOLVENT; AND

(ii) THE CREDITOR RECEIVING THE PREFERENCE OR
HIS AGENT HAD, AT THE TIME WHEN THE TRANSFER WAS MADE,
REASONABLE CAUSE TO BELIEVE THAT THE INSOLVENT WAS
INSOLVENT.

(3)    LIEN AGAINST THE PROPERTY OF THE
INSOLVENT OBTAINED BY JUDGMENT, LEVY, OR OTHER LEGAL OR
EQUITABLE PROCESS OR PROCEEDING WITHIN FOUR MONTHS OF THE
COMMENCEMENT OF THE PROCEEDING, IF AT THE TIME THE LIEN
WAS OBTAINED, THE INSOLVENT WAS INSOLVENT.

(D) RIGHTS OF TITLE OF ASSIGNEE OR RECEIVER.

ANY ASSIGNEE FOR THE BENEFIT OF CREDITORS OR
RECEIVER OF THE ASSETS OF THE INSOLVENT HAS, AS OF THE
DATE OF THE COMMENCEMENT OF THE PROCEEDING, THE RIGHTS:

(1)    OF A CREDITOR WHO ON THE DATE OF THE
COMMENCEMENT OF THE PROCEEDING OBTAINED A JUDGMENT
AGAINST THE INSOLVENT, WHETHER OR NOT SUCH A CREDITOR
EXISTS;

(2)    OF A CREDITOR WHO ON THE DATE OF
COMMENCEMENT OF THE PROCEEDING OBTAINED AN EXECUTION
RETURNED UNSATISFIED AGAINST THE INSOLVENT, WHETHER OR
NOT SUCH A CREDITOR EXISTS;

(3)    OF A CREDITOR WHO ON THE DATE OF THE
COMMENCEMENT OF THE PROCEEDING OBTAINED A LIEN BY LEGAL
OR EQUITABLE PROCEEDING ON ALL PROPERTY, WHETHER OR NOT
COMING INTO POSSESSION OR CONTROL OF THE COURT, ON WHICH
A CREDITOR OF THE INSOLVENT ON A SIMPLE CONTRACT COULD
HAVE OBTAINED SUCH LIEN, WHETHER OR NOT SUCH A CREDITOR
EXISTS; AND

(4)   TO AVOID ANY OTHER FRAUDULENT PREFERENCE,
PAYMENT, OR TRANSFER WHICH WOULD BE VOID UNDER THIS
SUBTITLE.

REVISOR'S NOTE: This section is derived from Art.
47, §§ 8 and 14, and Art. 23, §81. While Art.
47 is proposed for repeal as obsolete, the two

 

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Session Laws, 1975
Volume 716, Page 612   View pdf image
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