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28 U.S.C. § 3305When transfer is made or obligation is incurred

submitted 36 years ago by Pub. L. 101-647 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 271 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section explains when a transfer is considered made for this subchapter, depending on the type of asset and perfection under applicable law. It also explains when an obligation is incurred.

(1) A transfer is made for (A) real property, other than a fixture but including a seller's or purchaser's interest under a sale contract, when it is perfected enough that a good-faith purchaser from the debtor could not obtain a superior interest under applicable law; and (B) other property or a fixture, when it is perfected enough that a simple-contract creditor could not obtain, outside this subchapter, a superior judicial lien. (2) If applicable law permits that perfection but it was not completed before a relief action or proceeding began, the transfer is treated as made immediately before the action or proceeding began. (3) If applicable law does not permit that perfection, the transfer is made when it becomes effective between the debtor and transferee. (4) A transfer is not made until the debtor has rights in the transferred asset. (5) An obligation is incurred (A) when an oral obligation becomes effective between the parties, or (B) when a writing signed by the obligor is delivered to or for the obligee.
the actual law source: uscode.house.gov ↗public domain

For the purposes of this subchapter:

(1)

A transfer is made—

(A)

with respect to an asset that is real property (other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset), when the transfer is so far perfected that a good-faith purchaser of the asset from the debtor against whom applicable law permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the interest of the transferee; and

(B)

with respect to an asset that is not real property or that is a fixture, when the transfer is so far perfected that a creditor on a simple contract cannot acquire, otherwise than under this subchapter, a judicial lien that is superior to the interest of the transferee.

(2)

If applicable law permits the transfer to be perfected as approved in paragraph (1) and the transfer is not so perfected before the commencement of an action or proceeding for relief under this subchapter, the transfer is deemed made immediately before the commencement of the action or proceeding.

(3)

If applicable law does not permit the transfer to be perfected as provided in paragraph (1), the transfer is made when it becomes effective between the debtor and the transferee.

(4)

A transfer is not made until the debtor has acquired rights in the asset transferred.

(5)

An obligation is incurred—

(A)

if oral, when it becomes effective between the parties; or

(B)

if evidenced by a writing executed by the obligor, when such writing is delivered to or for the benefit of the obligee.

Source credit: (Added Pub. L. 101–647, title XXXVI, § 3611, Nov. 29, 1990, 104 Stat. 4962.)

history & why it existsrecord from the source credit
  • 1990Enacted · Pub. L. 101-647 · 104 Stat. 4962

A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-647 on 1990-11-29.

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