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ARTICLE · 05 JANUARY 2016

The Kentucky Uniform Voidable Transactions Act Is Now In Effect

Kentucky has a unique and antique collection of laws governing fraudulent transfers and preferences.

United StatesInsolvency/Bankruptcy/Re-Structuring

The 2015 Kentucky General Assembly approved the Kentucky Uniform Voidable Transactions Act, and it is now in effect. HERE IS A LINK to the new statute.

This Uniform Act, itself updating the Uniform Fraudulent Transactions Act, brings Kentucky law into sync with the other states that enact this Act. Also, based upon the significant similarities between this Act and the predecessor Uniform Fraudulent Transfers Act, greater consistency will be achieved with the other states. In addition, in that the UVTA is meant to conform to modern bankruptcy law, Kentucky law and that federal law will now be more consistent.

Kentucky's now former statute on fraudulent transfers was written in 1855 and was itself based upon the Statute of 13 Elizabeth, a statute composed during the reign of Elizabeth I (i.e., the daughter of Henry VIII and Anne Boleyn). To say the least the statute is archaic. Further, it is significantly out of step with the fraudulent conveyance laws of most states

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