Delaware Code

6 Del. C. § 1306 (2026)

When transfer is made or obligation is incurred

✓ current as of May 2026

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For the purposes of this chapter:

(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 a judicial lien otherwise than under this chapter that is superior to the interest of the transferee;

(2) If applicable law permits the transfer to be perfected as provided in paragraph (1) of this section and the transfer is not so perfected before the commencement of an action for relief under this chapter, the transfer is deemed made immediately before the commencement of the action;

(3) If applicable law does not permit the transfer to be perfected as provided in paragraph (1) of this section, 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, when the writing executed by the obligor is delivered to or for the benefit of the obligee.

70 Del. Laws, c. 434, § 1;

Notes of Decisions

Cited in 4 cases, 1974–2016 · leading case: Crystallex Int'l Corp. v. Petróleos de Venezuela, S.A., 213 F. Supp. 3d 683 (D. Del. 2016).

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Crystallex Int'l Corp. v. Petróleos de Venezuela, S.A., 213 F. Supp. 3d 683 (D. Del. 2016). · cites it 2× “” 6 Del. C. § 1306(4). In sum, Plaintiffs DUFTA claim strains the statute’s structure.”

China Resource Prods. (U.S.A.) Ltd. v. Fayda Int'l, Inc., 788 F. Supp. 815 (D. Del. 1992). “” 6 Del.Code § 1306 (“Section 1306”) 4 . Where the plaintiff establishes a fraudulent conveyance pursuant to one of these sections, he may “[h]ave the conveyance set aside or obligation annulled to the extent necessary to satisfy his claim[,]” or “[disregard the conveyance and…”

Weinman v. Fid. Capital Appreciation Fund (In Re Integra Realty Resources, Inc.), 198 B.R. 352 (Bankr.D. Colo. 1996). “6 Del.C. § 1306 provides: Every conveyance made and every obligation incurred without fair consideration when the person making the conveyance or entering into the obligation intends or believes that he will incur debts beyond his ability to pay as they mature, is fraudulent as…”

Bellis v. Morgan Trucking, Inc., 375 F. Supp. 862 (D. Del. 1974). “Hence, Beilis concludes, it was a fraudulent conveyance under 6 Del.C. §§ 1306 and/or 1307. Section 1306 provides: “Every conveyance made and every obligation incurred without fair consideration when the person making the conveyance or entering into the obligation intends or…”

— 6 Del. C. § 1306(4) — 1 case

Crystallex Int'l Corp. v. Petróleos de Venezuela, S.A., 213 F. Supp. 3d 683 (D. Del. 2016). “” 6 Del. C. § 1306(4). In sum, Plaintiffs DUFTA claim strains the statute’s structure.”

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