[CHAPTER 651C]

UNIFORM FRAUDULENT TRANSFER ACT

 

Section

   651C-1 Definitions

   651C-2 Insolvency

   651C-3 Value

   651C-4 Transfers fraudulent as to present and future creditors

   651C-5 Transfers fraudulent as to present creditors

   651C-6 When transfer is made or obligation is incurred

   651C-7 Remedies of creditors

   651C-8 Defenses, liability, and protection of transferee

   651C-9 Extinguishment of cause of action

  651C-10 Supplement of provisions

 

Law Journals and Reviews

 

  The "ABCs" of Hawaii's Assignment for Benefit of Creditors Law.  13 HBJ No. 13, at pg. 127.

 

Case Notes

 

  Where a creditor alleges a fraudulent transfer of property from a judgment debtor to a transferee who retains title to the subject property or who claims an interest in the property or its proceeds, the transferee is a necessary party to any action seeking to set aside the transfer.  Such an action for relief against a transfer alleged to be fraudulent should be brought pursuant to this chapter, and should expressly name as defendants the alleged fraudulent transferees.  76 H. 32, 868 P.2d 450.

  Although Hawaii's uniform fraudulent transfer act does not preclude preferential transfers per se, if the preferential transfer was made with "actual intent to hinder, delay, or defraud any creditor" the transfer will be deemed fraudulent.  113 H. 174, 150 P.3d 823.