Kansas Statutes Annotated

K.S.A. § 33-201 (2026)

Definitions

✓ current as of May 2026

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33-201. Definitions. As used in this act:

(a) "Affiliate" means:

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

(A) As a fiduciary or agent without sole discretionary power to vote the securities; or

(B) solely to secure a debt, if the person has not exercised the power to vote;

(2) a corporation 20% 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% or more of the outstanding voting securities of the debtor, other than a person who holds the securities:

(A) As a fiduciary or agent without sole power to vote the securities; or

(B) solely to secure a debt, if the person has not in fact exercised the power to vote;

(3) 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

(4) a person who operates the debtor's business under a lease or other agreement or controls substantially all of the debtor's assets.

(b) "Asset" means property of a debtor. "Asset" does not include:

(1) Property to the extent it is encumbered by a valid lien; or

(2) property to the extent it is generally exempt under nonbankruptcy law.

(c) "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.

(d) "Creditor" means a person who has a claim.

(e) "Debt" means liability on a claim.

(f) "Debtor" means a person who is liable on a claim.

(g) "Insider" includes:

(1) If the debtor is an individual:

(A) A relative of the debtor or of a general partner of the debtor;

(B) a partnership in which the debtor is a general partner;

(D) a corporation of which the debtor is a director, officer or person in control;

(2) if the debtor is a corporation:

(A) A director of the debtor;

(B) an officer of the debtor;

(D) a partnership in which the debtor is a general partner;

(E) a general partner in a partnership described in clause (D); or

(F) a relative of a general partner, director, officer or person in control of the debtor;

(3) if the debtor is a partnership:

(A) A general partner in the debtor;

(B) a relative of a general partner in, a general partner of, or a person in control of the debtor;

(D) a general partner in a partnership described in clause (C); or

(E) a person in control of the debtor;

(4) an affiliate, or an insider of an affiliate as if the affiliate were the debtor; and

(5) a managing agent of the debtor.

(h) "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.

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

(j) "Property" means anything that may be the subject of ownership.

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

(l) "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.

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

History: L. 1998, ch. 13, § 1; January 1, 1999.

Notes of Decisions

Cited in 18 cases (5 in the last 5 years), 2001–2026 · leading case: McCain Foods USA, Inc. v. Cent. Processors, Inc., 61 P.3d 68 (Kan. 2002).

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McCain Foods USA, Inc. v. Cent. Processors, Inc., 61 P.3d 68 (Kan. 2002). · cites it 8× “: This first impression case arises under the Uniform Fraudulent Transfer Act (UFTA), K.S.A. 33-201 el seq. Initially, there were several defendants, but only Glen Shore remains.”

Wells Fargo Vendor Fin. Servs., LLC v. Nationwide Learning, LLC, 429 P.3d 221 (Kan. Ct. App. 2018). · cites it 5× “Wells Fargo also sued Studentreasures under the Kansas Uniform Fraudulent Transfer Act (KUFTA), K.S.A. 33-201 et seq., but the district court found it failed to establish a fraudulent transfer and was not entitled to punitive damages.”

Nicholas v. Nicholas, 83 P.3d 214 (Kan. 2004). “Ruby alleged that Sheryl’s attempts to sever joint tenancy interests and his changing or naming beneficiaries on accounts and his life insurance policy violated the restraining order and were fraudulent under K.S.A. 33-201 et seq., the Kansas Uniform Fraudulent Transfer Act.”

Redmond v. SpiritBank (In re Brooke Corp.), 541 B.R. 492 (Bankr. D. Kan. 2015). · cites it 2× “As permitted by § 544(b)(1) of the Bankruptcy Code, the Trustee also seeks to avoid and recover the allegedly fraudulent transfers under the Kansas version of the Uniform Fraudulent Transfer Act, codified at K.S.A. 33-201 to -212. Subsections 33-204(a)(2) and 33-205(a) of the…”

United States v. Krause (In Re Krause), 386 B.R. 785 (Bankr. D. Kan. 2008). · cites it 2× “Kan. Stat. Ann. § 33-201 et seq. (2000). 6 .”

Hartford Fire Ins. Co. v. P & H Cattle Co., Inc., 451 F. Supp. 2d 1262 (D. Kan. 2006). “In Counts III and IV, it seeks to set aside fraudulent conveyances under common law and K.S.A. 33-201 et seq. against Olma V. Peak, Velma M.”

Redmond v. NCMIC Fin. Corp. (In re Brooke Corp.), 568 B.R. 378 (Bankr. D. Kan. 2017). “§§ 544 and 548 1 and the Kansas Uniform Fraudulent Transfer Act (KUFTA), K.S.A. 33-201 to -212, and seeks to recover the same from NCMIC under § 550 and K.”

Nicholas v. Nicholas, 66 P.3d 929 (Kan. Ct. App. 2003). “She alleged that Sheryl’s attempts to sever joint tenancy interests and changing or naming beneficiaries on accounts and his life insurance policy violated the restraining order and were fraudulent under K.S.A. 33-201 et seq., the Kansas Uniform Fraudulent Transfer Act.”

Harder v. Foster (Kan. Ct. App. 2017). · cites it 5× “K.S.A. 33-201 et seq. 7. The UFTA does not explicitly authorize attorney fees.”

Barney v. Whitaker (D. Kan. 2020). · cites it 5× “Kansas Uniform Fraudulent Transfers Act In count 2, Plaintiff asserts a claim under the Kansas Uniform Fraudulent Transfers Act (“KUFTA”), K.S.A. § 33-201. Defendant moves for dismissal on the basis that Plaintiff has not sufficiently alleged that a transfer occurred and that…”

Hamilton v. Bank of Flint Hills (Bankr. D. Kan. 2020). · cites it 4× “”19 In this case, when seeking to avoid the June 2017 Mortgage under § 544(a)(2), the Trustee relies on the Kansas Uniform Fraudulent Transfer Act, codified at K.S.A. 33-201 et. seq. For purposes of that Act, “transfer” is defined as “every mode, direct or indirect .”

Williamson TR v. Smith (Bankr. D. Kan. 2022). · cites it 3× “As explained below, the Court holds: (1) when proceeding under Kansas law, the Kansas look back period does not apply and is replaced by the federal ten year limitation 1 K.S.A. § 33-201, et. seq. 2 28 U.S.C. § 3301 , et.”

Show all 18 citing cases →

— K.S.A. § 33-201(1) — 1 case

McCain Foods USA, Inc. v. Cent. Processors, Inc., 61 P.3d 68 (Kan. 2002). “: This first impression case arises under the Uniform Fraudulent Transfer Act (UFTA), K.S.A. 33-201 el seq. Initially, there were several defendants, but only Glen Shore remains.”

— K.S.A. § 33-201(b)(l) — 1 case

Wells Fargo Vendor Fin. Servs., LLC v. Nationwide Learning, LLC, 429 P.3d 221 (Kan. Ct. App. 2018). “Wells Fargo also sued Studentreasures under the Kansas Uniform Fraudulent Transfer Act (KUFTA), K.S.A. 33-201 et seq., but the district court found it failed to establish a fraudulent transfer and was not entitled to punitive damages.”

— K.S.A. § 33-201(c) — 3 cases

Harder v. Foster (Kan. Ct. App. 2017). “K.S.A. 33-201 et seq. 7. The UFTA does not explicitly authorize attorney fees.”

Barney v. Whitaker (D. Kan. 2020). “Kansas Uniform Fraudulent Transfers Act In count 2, Plaintiff asserts a claim under the Kansas Uniform Fraudulent Transfers Act (“KUFTA”), K.S.A. § 33-201. Defendant moves for dismissal on the basis that Plaintiff has not sufficiently alleged that a transfer occurred and that…”

WIL-KEN Enter., INC., a Kansas Corp. v. ARJH LP, a Texas Ltd. P'ship, et al. (D. Kan. 2026).

— K.S.A. § 33-201(d) — 1 case

Harder v. Foster (Kan. Ct. App. 2017). “K.S.A. 33-201 et seq. 7. The UFTA does not explicitly authorize attorney fees.”

— K.S.A. § 33-201(g) — 1 case

Foxfield Villa Assocs. v. Robben (Kan. Ct. App. 2019).

— K.S.A. § 33-201(g)(2) — 1 case

— K.S.A. § 33-201(h) — 1 case

— K.S.A. § 33-201(l) — 3 cases

Hamilton v. Bank of Flint Hills (Bankr. D. Kan. 2020). “”19 In this case, when seeking to avoid the June 2017 Mortgage under § 544(a)(2), the Trustee relies on the Kansas Uniform Fraudulent Transfer Act, codified at K.S.A. 33-201 et. seq. For purposes of that Act, “transfer” is defined as “every mode, direct or indirect .”

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