Kansas Statutes Annotated
K.S.A. § 33-102 (2026)
Transfers to delay or defraud creditors or purchasers
✓ current as of May 2026
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33-102. Transfers to delay or defraud creditors or purchasers. Every gift, grant or conveyance of lands, tenements, hereditaments, rents, goods or chattels, and every bond, judgment or execution, made or obtained with intent to hinder, delay or defraud creditors of their just and lawful debts or damages, or to defraud or to deceive the person or persons who shall purchase such lands, tenements, hereditaments, rents, goods or chattels, shall be deemed utterly void and of no effect.
History: G.S. 1868, ch. 43, § 2; October 31; R.S. 1923, 33-102.
Notes of Decisions
Cited in 27
cases (1 in the last 5 years), 1927–2021 · leading case: Gorham State Bank v. Sellens, 772 P.2d 793 (Kan. 1989).
Gorham State Bank v. Sellens, 772 P.2d 793 (Kan. 1989). “Every gift, grant or conveyance of lands, tenements, hereditaments, rents, goods or chattels, and every bond, judgment or execution, made or obtained with intent to hinder, delay or defraud creditors of their just and lawful debts or damages, or to defraud or to deceive the…”
Leathers v. Leathers, 856 F.3d 729 (10th Cir. 2017). “” Kan. Stat. Ann. § 33-102 . “Put differently, the transferor retains equitable ownership of the assets [fraudulently conveyed] and those assets remain subject to attachment by his creditors.”
Wallace, Saunders, Austin, Brown & Enochs, Chartered v. Louisburg Grain Co., 824 P.2d 933 (Kan. 1992). “) The Bank argued that the judgment in favor of Wallace-Saunders should be treated as a conveyance governed by K.S.A. 33-102. K.S.A. 33-102 provides in pertinent part: “Every gift, grant or conveyance of lands, tenements, hereditaments, rents, goods or chattels, and every bond,…”
United States v. Dawes, 344 F. Supp. 2d 715 (D. Kan. 2004). “” Kan. Stat. Ann. § 33-102 (1980). Fraudulent conveyances are questions of fact and must be proven by clear and convincing evidence.”
United States v. Krause, 637 F.3d 1160 (10th Cir. 2011). “” See K.S.A. § 33-102. 3 Put differently, the transferor retains equitable ownership of the assets and those assets remain subject to attachment by his creditors.”
City of Arkansas City v. Anderson, 762 P.2d 183 (Kan. 1988). “, in Johnson County District Court, claiming that the deeds conveying the tracts of Johnson County land to K-M Land Co.”
Carson v. Chevron Chem. Co., 635 P.2d 1248 (Kan. Ct. App. 1981). “Waits also contends that the assignment is invalid because it violates the statute of frauds, K.S.A. 33-102, since it was made with the intent of defrauding creditors.”
Golconda Screw, Inc. v. West Bottoms Ltd., 894 P.2d 260 (Kan. Ct. App. 1995). “Enterprise as a fraudulent conveyance pursuant to K.S.A. 33-102. Golconda requested punitive damages and attorney fees.”
City of Arkansas City v. Anderson, 804 P.2d 1026 (Kan. Ct. App. 1991). “in violation of K.S.A. 33-102.” The trial court found in the original suit that the conveyances were not fraudulent.”
Credit Union of Am. v. Myers, 676 P.2d 99 (Kan. 1984). “K.S.A. 33-102. Honesty and fair dealings are presumed, and one charging fraud must prove the same.”
Koch Eng'g Co. v. Faulconer, 716 P.2d 180 (Kan. 1986). “Plaintiff contended that the conveyances were fraudulent and were made in violation of K.S.A. 33-102. That statute reads: “Every gift, grant or conveyance of lands, tenements, hereditaments, rents, goods or chattels, and every bond, judgment or execution, made or obtained with…”
Printed Media Servs. v. Solna Web, Inc., 838 F. Supp. 1453 (D. Kan. 1993). “Printed Media alleges that this transfer was fraudulent, in violation of K.S.A. § 33-102, and, thus, is void and has no effect.”
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