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MI SB0598

Bill

Status

Engrossed

2/17/2016

Primary Sponsor

Tonya Schuitmaker

Click for details

Origin

Senate

98th Legislature

AI Summary

SB 0598 Summary

  • Amends the Uniform Fraudulent Transfer Act to define "qualified disposition" by reference to the Qualified Dispositions in Trust Act and establish special statute of limitations rules for such transfers.

  • Modifies fraudulent transfer standards so that qualified dispositions are fraudulent as to creditors whose claims arose after the disposition only if made with actual intent to hinder, delay, or defraud creditors, eliminating the constructive fraud basis.

  • Changes statute of limitations for actions regarding qualified dispositions to follow timelines specified in the Qualified Dispositions in Trust Act rather than the standard 4 or 6-year periods under the Revised Judicature Act.

  • Takes effect only if Senate Bill 597 of the 98th Legislature is enacted into law (tie-bar provision).

Legislative Description

Civil procedure; statute of limitations; limitations period under uniform fraudulent transfer act for action relating to qualified dispositions in trust act; modify. Amends secs. 1, 4 & 9 of 1998 PA 434 (MCL 566.31 et seq.). TIE BAR WITH: SB 0597'15

Probate: other

Last Action

Referred To Committee On Judiciary

2/17/2016

Committee Referrals

Judiciary11/4/2015

Full Bill Text

No bill text available