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Session Laws, 1975
Volume 716, Page 621   View pdf image
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MARVIN MANDEL, Governor                                 621

WITH ACTUAL INTENT, AS DISTINGUISHED FROM INTENT PRESUMED
IN LAW, TO HINDER, DELAY, OR DEFRAUD PRESENT OR FUTURE
CREDITORS, IS FRAUDULENT AS TO BOTH PRESENT AND FUTURE
CREDITORS.

REVISOR'S NOTE: This section presently appears as
Art. 39B, §7.

The only changes are technical changes in
style.

15-208. CONVEYANCE OF PARTNERSHIP PROPERTY.

EVERY CONVEYANCE OF PARTNERSHIP PROPERTY AND EVERY
PARTNERSHIP OBLIGATION INCURRED WHEN THE PARTNERSHIP IS
OR WILL BE RENDERED INSOLVENT BY IT, IS FRAUDULENT AS TO
PARTNERSHIP CREDITORS, IF THE CONVEYANCE IS MADE OR THE
OBLIGATION IS INCURRED TO:

(1) A PARTNER, WHETHER WITH OR WITHOUT A PROMISE BY
HIM TO PAY PARTNERSHIP DEBTS; OR

(2) A PERSON NOT A PARTNER, WITHOUT FAIR
CONSIDERATION TO THE PARTNERSHIP AS DISTINGUISHED FROM
CONSIDERATION TO THE INDIVIDUAL PARTNERS.

REVISOR'S NOTE: This section presently appears as
Art. 39B, §8.

The only changes are technical changes in
style.

15-209. RIGHTS OF CREDITOR WHOSE CLAIM HAS MATURED.

(A)   SETTING ASIDE OR DISREGARDING CONVEYANCE.

IF A CONVEYANCE OR OBLIGATION IS FRAUDULENT AS TO A
CREDITOR, THE CREDITOR, WHEN HIS CLAIM HAS MATURED, MAY,
AS AGAINST ANY PERSON EXCEPT A PURCHASER FOR FAIR
CONSIDERATION WITHOUT KNOWLEDGE OF THE FRAUD AT THE TIME
OF THE PURCHASE OR ONE WHO HAS DERIVED TITLE IMMEDIATELY
OR MEDIATELY FROM SUCH A PURCHASER:

(1)     HAVE THE CONVEYANCE SET ASIDE OR
OBLIGATION ANNULLED TO THE EXTENT NECESSARY TO SATISFY
HIS CLAIM; OR

(2)    DISREGARD THE CONVEYANCE AND ATTACH OR
LEVY EXECUTION ON THE PROPERTY CONVEYED,

(B)   RETENTION OF PROPERTY AS SECURITY.

A PURCHASER WHO WITHOUT ACTUAL FRAUDULENT INTENT HAS
GIVEN LESS THAN A FAIR CONSIDERATION FOR THE CONVEYANCE

 

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Session Laws, 1975
Volume 716, Page 621   View pdf image
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