Kentucky Revised Statutes
Ky. Rev. Stat. § 378.070 (2026)
Repealed, 2016
✓ current as of May 2026
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Catchline at repeal: Action on transfer by preferential act -- Limitation and extension of limitation -- Parties -- Proceedings. History: Repealed 2015 Ky. Acts ch. 37, sec. 16, effective January 1, 2016. -- Amended 2006 Ky. Acts ch. 247, sec. 35, effective July 12, 2006. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1911, 1912, 1917.
Notes of Decisions
Cited in 10
cases, 1943–2001 · leading case: Morgan v. Hibbard, Spencer, Bartlett & Co., 184 S.W.2d 218 (Ky. Ct. App. 1944).
Morgan v. Hibbard, Spencer, Bartlett & Co., 184 S.W.2d 218 (Ky. Ct. App. 1944). “Appellant in his brief argues three grounds for reversal, (1) that the allegations of the petition and its amendment brought “the case within the purview and scope of section 378.070, KRS and the case is barred by limitations” since (as lie contends) the action provided for in…”
Pergrem v. Smith, 255 S.W.2d 42 (Ky. Ct. App. 1953). “llee admits that an action was not begun against Martha Combs within six months after the date the sedan had been transferred to her, since some seven months had elapsed from the date of the purported sale and its recordation before proceedings were commenced against her to…”
Pope v. Cawood, 170 S.W.2d 55 (Ky. Ct. App. 1943). “The latter section, supra, provides that all transfers referred to in the former section “declared to inure to the benefit of creditors generally shall be subject to the control of courts of equity, upon the petition of any person interested, filed within six months after the *…”
Castlen v. Ohio Valley Nat'l Bank (In Re Wilson), 106 B.R. 125 (Bankr. W.D. Ky. 1989). “§ 378.070) for the filing of an action to void preferences under K.”
Toomey v. Graber, 190 S.W.2d 480 (Ky. Ct. App. 1945). “010, KRS, section 1906, Carroll’s Statutes, and the petition averred *789 in the alternative that should the court not set aside the mortgage as fraudulent in its entirety, then its execution was a fraudulent preference under section 378.070, KRS, sections 1911,1912 and 1917,…”
Wilkey v. Cmty. Methodist Hosp. (In re Edwards), 219 B.R. 970 (Bankr. W.D. Ky. 1998). “060 and § 378.070. This Court has determined in prior cases that the Trustee is permitted to use the avoiding powers of 11 U.”
Hardy v. Peoples State Bank & Trust Co., 229 S.W.2d 771 (Ky. Ct. App. 1950). “KRS 378.070(1). This was not done. Consequently, the court could not set it aside as a preferential conveyance.”
In re Scott-Frederick Motor Co., 177 F. Supp. 758 (E.D. Ky. 1959). “§ 378.070) for the filing of an action to void preferences under K.”
Johnson v. Med. Ctr. (In re Johnson), 270 B.R. 390 (Bankr. W.D. Ky. 2001). “060 and KRS 378.070 and order that all wages garnished during the 180-days prior to the bankruptcy filing be declared preferential transfers.”
Scuddy Mining Co. v. Mullins, 262 S.W.2d 192 (Ky. Ct. App. 1953). “appellee is barred from recovery because KRS 378.070 provides that actions brought under the above section should be commenced within six months after the delivery of the property transferred.”
— Ky. Rev. Stat. § 378.070(1) — 2 cases
Pergrem v. Smith, 255 S.W.2d 42 (Ky. Ct. App. 1953). “llee admits that an action was not begun against Martha Combs within six months after the date the sedan had been transferred to her, since some seven months had elapsed from the date of the purported sale and its recordation before proceedings were commenced against her to…”
Hardy v. Peoples State Bank & Trust Co., 229 S.W.2d 771 (Ky. Ct. App. 1950). “KRS 378.070(1). This was not done. Consequently, the court could not set it aside as a preferential conveyance.”
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