Colorado Revised Statutes

Colo. Rev. Stat. § 38-8-104 (2026)

Value

✓ current as of July 2026

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(1) Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of the promisor's business to furnish support to the debtor or another person. (2) For the purposes of sections 38-8-105 and 38-8-106, a person gives a reasonably equivalent value if the person acquires an interest of the debtor in an asset pursuant to a regularly conducted, noncollusive sale, foreclosing on assets subject to a lien, or pursuant to the execution of a power of sale for the acquisition or disposition of the interest of the debtor upon default under a mortgage, deed of trust, or security agreement. (3) A transfer is made for present value if the exchange between the debtor and the transferee is intended by them to be contemporaneous and is in fact substantially contemporaneous.

Source: L. 91: Entire article added, p. 1684, § 1, effective July 1.

Editor's note - Colorado legislative change: This section was numbered as section 3 in the uniform act. In subsection (2), after "conducted,", the phrase "noncollusive foreclosure sale or execution" has been changed to "noncollusive sale, foreclosing on assets subject to a lien, or pursuant to the execution".

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2006–2025 · leading case: Leverage Leasing Co. v. Smith, 143 P.3d 1164 (Colo. Ct. App. 2006).

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Leverage Leasing Co. v. Smith, 143 P.3d 1164 (Colo. Ct. App. 2006). · cites it 3× “” Section 38-8-104, C.R.S.2005, the counterpart of the UFTA § 3, defines “value” that is “given for a transfer or an obligation.”

Premier Farm Credit, PCA v. W-CATTLE, LLC, 155 P.3d 504 (Colo. Ct. App. 2006). · cites it 4× “2006 (instrument is transferred for value if it is transferred as security for an antecedent claim); § 38-8-104(1), C.R.S.2006 (value is given for a transfer if it secures an antecedent debt).”

Can IV Packard Square LLC v. Harbor Real Est. Co., L.L.C. (D. Colo. 2025). · cites it 3× “§ 38-8-104 (1). “‘Value’ is to be determined in light of the purpose of the Act to protect a debtor’s estate from being depleted to the prejudice of the debtor’s unsecured creditors.”

— Colo. Rev. Stat. § 38-8-104(1) — 1 case

Premier Farm Credit, PCA v. W-CATTLE, LLC, 155 P.3d 504 (Colo. Ct. App. 2006). “2006 (instrument is transferred for value if it is transferred as security for an antecedent claim); § 38-8-104(1), C.R.S.2006 (value is given for a transfer if it secures an antecedent debt).”

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