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MI SB0982

Bill

Status

Passed

12/30/2016

Primary Sponsor

Tonya Schuitmaker

Click for details

Origin

Senate

98th Legislature

AI Summary

  • Renames the Uniform Fraudulent Transfer Act to the Uniform Voidable Transactions Act and updates definitions and procedures for identifying transfers and obligations that may be voided by creditors.

  • Establishes that transfers or obligations are voidable if made with actual intent to defraud creditors or without reasonably equivalent value when the debtor was insolvent or became insolvent as a result.

  • Specifies that creditors must prove elements of their claims by preponderance of evidence and allows recovery of judgments against first transferees or subsequent transferees who did not act in good faith.

  • Provides exceptions protecting good-faith transferees who gave reasonably equivalent value, security interest enforcement under the Uniform Commercial Code, and certain ordinary course transactions.

  • Applies the amended act to transfers made or obligations incurred 90 days after enactment, with no application to prior transfers or rights of action that accrued before the effective date.

Legislative Description

Law; uniform or model acts; uniform fraudulent transfer act; update to uniform voidable transactions act. Amends title & secs. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 & 13 of 1998 PA 434 (MCL 566.31 et seq.) & adds secs. 14 & 15.

Liens: other

Last Action

Assigned Pa 0552'16 With Immediate Effect

12/30/2016

Committee Referrals

Judiciary5/24/2016

Full Bill Text

No bill text available