Delaware Code

6 Del. C. § 1301 (2026)

Definitions

✓ current as of May 2026

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As used in this chapter:

(1) “Affiliate” means:

a. A person who directly or indirectly owns, controls or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than a person who holds the securities:

1. As a fiduciary or agent without sole discretionary power to vote the securities; or

2. Solely to secure a debt, if the person has not exercised the power to vote;

b. A corporation, 20 percent or more of whose outstanding voting securities are directly or indirectly owned, controlled or held with power to vote by the debtor or a person who directly or indirectly owns, controls or holds with power to vote 20 percent or more of the outstanding voting securities of the debtor, other than a person who holds the securities:

1. As a fiduciary or agent without sole power to vote the securities; or

2. Solely to secure a debt, if the person has not in fact exercised the power to vote;

c. A person whose business is operated by the debtor under a lease or other agreement or a person substantially all of whose assets are controlled by the debtor; or

d. A person who operates the debtor’s business under a lease or other agreement or controls substantially all of the debtor’s assets.

(2) “Asset” means property of a debtor, but the term does not include:

a. Property to the extent it is encumbered by a valid lien;

b. Property to the extent it is generally exempt under nonbankruptcy law; or

c. An interest in property held in tenancy by the entireties to the extent it is not subject to process by a creditor holding a claim against only 1 tenant.

(3) “Claim” means a right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured or unsecured.

(4) “Creditor” means a person who has a claim.

(5) “Debt” means liability on a claim.

(6) “Debtor” means a person who is liable on a claim.

(7) “Insider” includes:

a. If the debtor is an individual:

1. A relative of the debtor or of a general partner of the debtor;

2. A partnership in which the debtor is a general partner;

3. A general partner in a partnership described in paragraph (7)a.2. of this section; or

4. A corporation of which the debtor is a director, officer or person in control;

b. If the debtor is a corporation:

1. A director of the debtor;

2. An officer of the debtor;

3. A person in control of the debtor;

4. A partnership in which the debtor is a general partner;

5. A general partner in a partnership described in paragraph (7)a.2. of this section; or

6. A relative of a general partner, director, officer or person in control of the debtor;

c. If the debtor is a partnership:

1. A general partner in the debtor;

2. A relative of a general partner in, or a general partner of, or a person in control of the debtor;

3. Another partnership in which the debtor is a general partner;

4. A general partner in a partnership described in paragraph (7)c.3. of this section; or

5. A person in control of the debtor;

d. An affiliate or an insider of an affiliate as if the affiliate were the debtor; and

e. A managing agent of the debtor.

(8) “Lien” means a charge against or an interest in property to secure payment of a debt or performance of an obligation, and includes a security interest created by agreement, a judicial lien obtained by legal or equitable process or proceedings, a common-law lien or a statutory lien.

(9) “Person” means an individual, partnership, corporation, association, organization, government or governmental subdivision or agency, statutory trust, business trust, estate, trust or any other legal or commercial entity.

(10) “Property” means anything that may be the subject of ownership.

(11) “Relative” means an individual related by consanguinity within the 3rd degree as determined by the common law, a spouse, or an individual related to a spouse within the 3rd degree as so determined, and includes an individual in an adoptive relationship within the third degree.

(12) “Transfer” means every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with an asset or an interest in an asset, and includes payment of money, release, lease and creation of a lien or other encumbrance but excludes, without limitation, any disposition of or parting with property or an interest in property described in paragraph (2) of this section.

(13) “Valid lien” means a lien that is effective against the holder of a judicial lien subsequently obtained by legal or equitable process or proceedings.

70 Del. Laws, c. 434, § 1; 73 Del. Laws, c. 329, § 10; 77 Del. Laws, c. 98, § 21;

Notes of Decisions

Cited in 57 cases (19 in the last 5 years), 1953–2026 · leading case: Crystallex Int'l Corp. v. Petróleos De Venezuela, S.A., 879 F.3d 79 (3rd Cir. 2018).

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Crystallex Int'l Corp. v. Petróleos De Venezuela, S.A., 879 F.3d 79 (3rd Cir. 2018). · cites it 8× “Given the alleged “extensive, if not dominating, involvement” of the debtor Venezuela, the PDVH transfer was executed by an “instrumentality” of the debtor or on its “behalf.”

Crystallex Int'l Corp. v. Petróleos de Venezuela, S.A., 213 F. Supp. 3d 683 (D. Del. 2016). · cites it 4× “” 2 See 6 Del. C. §§ 1301,1304. 1. Existence of a “Transfer” A DUFTA “transfer” includes “every mode, direct or indirect, .”

ASARCO LLC v. Americas Mining Corp., 396 B.R. 278 (S.D. Tex. 2008). · cites it 2× “6 Del. C. § 1301(1). 107 . The evidence concerning the actual negotiations between the DOJ and AMC/Grupo/AS-ARCO was not detailed.”

Wooley v. Lucksinger, 14 So. 3d 311 (La. Ct. App. 2009). · cites it 2× “A common law transfer that is constructively fraudulent is one for which the debtor does not receive reasonably equivalent value and which is made when the debtor is insolvent or which renders the debtor insolvent.”

PHP Liquidating, LLC v. Robbins (In Re PHP Healthcare Corp.), 128 F. App'x 839 (3rd Cir. 2005). · cites it 2× “§ 548 and 6 Del. C. § 1301, et seq. We need not discuss the provisions of the Delaware Fraudulent Transfer Act, 6 Del.”

Crystallex Int'l Corp. v. Bolivarian Repub. De Venezuela (In Re De Venezuela), 932 F.3d 126 (3rd Cir. 2019). “It claimed that Venezuela refused to pay its arbitration award and "thwart[ed] enforcement" by transferring its assets among several entities-PDVSA, PDVH, and CITGO- allegedly in violation of the Delaware Uniform Fraudulent Transfer Act, 6 Del.”

JLL Consultants, Inc. v. Gothner (In re AgFeed USA, LLC), 546 B.R. 318 (Bankr. D. Del. 2016). “§§ 66-8-301 to 66-3-315 (Tennessee); 6 Del. C. §§ 1301 to 1311 (Delaware); I.C.”

Bridgeport Holdings Inc. v. Boyer (In Re Bridgeport Holdings Inc.), 388 B.R. 548 (Bankr. D. Del. 2008). “3 On March 3, 2005, the Trust commenced an adversary proceeding against CDW in this Court seeking to avoid the sale transaction as a fraudulent transfer under § 548(a)(1) of the Bankruptcy Code and in accordance with the Delaware Uniform Fraudulent Transfer Act, 6 Del. C. §…”

Jeffreys v. Exten, 784 F. Supp. 146 (D. Del. 1992). · cites it 2× “, Delaware’s Fraudulent Conveyances Act, 6 Del.C. § 1301 et seq., and common law fraud.”

Charys Liquidating Trust v. McMahan Sec. Co. (In Re Charys Holding Co.), 443 B.R. 628 (Bankr. D. Del. 2010). “, the Delaware Fraudulent Transfer Act, 6 Del. C. § 1301 et seq., [and] the New York Fraudulent Conveyance Act, N.”

Comput. Sciences Corp. v. SCI-TEK, Inc., 367 A.2d 658 (Del. Super. Ct. 1976). · cites it 2× “CSC also argues that the assignment of the computers by Sci-Tek was a fraudulent conveyance of assets within the meaning of 6 Del.C. § 1301 et seq., and the computers can be levied on pursuant to 6 Del.”

Multimedia Pat. Trust v. Microsoft Corp., 525 F. Supp. 2d 1200 (S.D. Cal. 2007). “See 6 Del.Code §§ 1301(3), (4), 1304(a)(1). In Dell’s third-party claim, Dell alleged that: Alcatel Lucent is a licensor and licensee of MPEG LA.”

Show all 57 citing cases →

— 6 Del. C. § 1301(1) — 1 case

ASARCO LLC v. Americas Mining Corp., 396 B.R. 278 (S.D. Tex. 2008). “6 Del. C. § 1301(1). 107 . The evidence concerning the actual negotiations between the DOJ and AMC/Grupo/AS-ARCO was not detailed.”

— 6 Del. C. § 1301(10) — 1 case

Crystallex Int'l Corp. v. Petróleos de Venezuela, S.A., 213 F. Supp. 3d 683 (D. Del. 2016). “” 2 See 6 Del. C. §§ 1301,1304. 1. Existence of a “Transfer” A DUFTA “transfer” includes “every mode, direct or indirect, .”

— 6 Del. C. § 1301(11) — 2 cases

Applied Energetics, Inc. v. George Farley & AnneMarieCo, LLC (Del. Ch. 2019).

— 6 Del. C. § 1301(12) — 6 cases

Crystallex Int'l Corp. v. Petróleos De Venezuela, S.A., 879 F.3d 79 (3rd Cir. 2018). “Given the alleged “extensive, if not dominating, involvement” of the debtor Venezuela, the PDVH transfer was executed by an “instrumentality” of the debtor or on its “behalf.”

Tow v. Amegy Bank N.A., 498 B.R. 757 (S.D. Tex. 2013).

Cleveland-Cliffs Burns Harbor LLC v. Boomerang Tube, LLC (Del. Ch. 2023).

CMD Global Partners (USA) Inc. v. W. All. Bank (Del. Super. Ct. 2026).

— 6 Del. C. § 1301(2) — 2 cases

CMD Global Partners (USA) Inc. v. W. All. Bank (Del. Super. Ct. 2026).

— 6 Del. C. § 1301(3) — 6 cases

Richard F. Burkhart v. Genworth Fin., Inc. (Del. Ch. 2022).

Richard F. Burkhart v. Genworth Fin., Inc. (Del. Ch. 2020).

Amber L. Luchi v. Paolo v. Luchi & Francesco P. Luchi (Del. Ch. 2020).

Maria Ortiz v. Justo Ortiz & Ivelisse Ortiz (Del. Ch. 2025).

— 6 Del. C. § 1301(4) — 4 cases

Susan Fringer v. Kersey Homes, Inc. (Del. Ch. 2018).

JPMorgan Chase Bank, N.A. v. Claudio Ballard (Del. Ch. 2019).

Richard F. Burkhart v. Genworth Fin., Inc. (Del. Ch. 2022).

Lake Treasure Holdings, Ltd. (Del. Ch. 2014).

— 6 Del. C. § 1301(6) — 1 case

Richard F. Burkhart v. Genworth Fin., Inc. (Del. Ch. 2022).

— 6 Del. C. § 1301(7)(b) — 3 cases

Parker Sch. Uniforms, LLC (Bankr. D. Del. 2021).

Parker Sch. Uniforms, LLC - Adversary Proceeding (Bankr. D. Del. 2021).

Burtch v. Plexus Fund III, L.P. (Bankr. D. Del. 2021).

— 6 Del. C. § 1301(7)(b)(3) — 2 cases

CIBC Bank USA v. JH Portfolio Debt Equities, LLC (Del. Super. Ct. 2021).

Amerscape, LLC v. Acacia Com. Servs., Inc. (Del. Super. Ct. 2022).

— 6 Del. C. § 1301(7)(b)(6) — 1 case

Susan Fringer v. Kersey Homes, Inc. (Del. Ch. 2018).

— 6 Del. C. § 1301(7)(d) — 1 case

— 6 Del. C. § 1301(a) — 3 cases

Parker Sch. Uniforms, LLC (Bankr. D. Del. 2021).

Parker Sch. Uniforms, LLC - Adversary Proceeding (Bankr. D. Del. 2021).

Burtch v. Plexus Fund III, L.P. (Bankr. D. Del. 2021).

— 6 Del. C. § 1301(a)(1) — 1 case

Hardy v. Hardy (Del. Ch. 2014).

— 6 Del. C. § 1301(b) — 1 case

Hardy v. Hardy (Del. Ch. 2014).

— 6 Del. C. § 1301(b)(3) — 1 case

Hardy v. Hardy (Del. Ch. 2014).

— 6 Del. C. § 1301(b)(4) — 1 case

Hardy v. Hardy (Del. Ch. 2014).

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