Me. Rev. Stat. » Title 14
Maine Revised Statutes

Me. Rev. Stat. tit. 14, § 3572 (2026)

Definitions

✓ current as of May 2026
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As used in this Act, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1985, c. 641, §3 (NEW).]
1.  Affiliate.  "Affiliate" means:  
A. 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:  
(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;   [PL 1985, c. 641, §3 (NEW).]
B. 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:  
(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 exercised the power to vote;   [PL 1985, c. 641, §3 (NEW).]
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   [PL 1985, c. 641, §3 (NEW).]
D. A person who operates the debtor's business under a lease or other agreement or controls substantially all of the debtor's assets.   [PL 1985, c. 641, §3 (NEW).]
[PL 1985, c. 641, §3 (NEW).]
2.  Asset.  "Asset" means property of a debtor, but does not include:  
A. Property to the extent that it is encumbered by a valid lien; or   [PL 1985, c. 641, §3 (NEW).]
B. Property to the extent that it is generally exempt under nonbankruptcy law.   [PL 1985, c. 641, §3 (NEW).]
[PL 1985, c. 641, §3 (NEW).]
3.  Claim.  "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.  
[PL 1985, c. 641, §3 (NEW).]
4.  Creditor.  "Creditor" means a person who has a claim.  
[PL 1985, c. 641, §3 (NEW).]
5.  Debt.  "Debt" means liability on a claim.  
[PL 1985, c. 641, §3 (NEW).]
6.  Debtor.  "Debtor" means a person who is liable on a claim.  
[PL 1985, c. 641, §3 (NEW).]
7.  Insider.  "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 subparagraph (2); or  
(4) A corporation of which the debtor is a director, officer or person in control;   [PL 1985, c. 641, §3 (NEW).]
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 subparagraph (4); or  
(6) A relative of a general partner, director, officer or person in control of the debtor;   [PL 1985, c. 641, §3 (NEW).]
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 of 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 subparagraph (3); or  
(5) A person in control of the debtor;   [PL 1985, c. 641, §3 (NEW).]
D. An affiliate or an insider of an affiliate as if the affiliate were the debtor; and   [PL 1985, c. 641, §3 (NEW).]
E. A managing agent of the debtor.   [PL 1985, c. 641, §3 (NEW).]
[PL 1985, c. 641, §3 (NEW).]
8.  Lien.  "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.  
[PL 1985, c. 641, §3 (NEW).]
9.  Person.  "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.  
[PL 1985, c. 641, §3 (NEW).]
10.  Property.  "Property" means anything that may be the subject of ownership.  
[PL 1985, c. 641, §3 (NEW).]
11.  Relative.  "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 3rd degree.  
[PL 1985, c. 641, §3 (NEW).]
12.  Transfer.  "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 or creation of a lien or other encumbrance.  
[PL 2009, c. 415, Pt. A, §10 (AMD).]
13.  Valid lien.  "Valid lien" means a lien that is effective against the holder of a judicial lien subsequently obtained by legal or equitable process or proceedings.  
[PL 1985, c. 641, §3 (NEW).]
SECTION HISTORY
PL 1985, c. 641, §3 (NEW). PL 2009, c. 415, Pt. A, §10 (AMD).
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Notes of Decisions
Cited in 28 cases (2 in the last 5 years), 1995–2023 · leading case: Turner v. Phoenix Fin., LLC (In Re Imageset, Inc.), 299 B.R. 709 (Bankr. D. Me. 2003).
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Turner v. Phoenix Fin., LLC (In Re Imageset, Inc.), 299 B.R. 709 (Bankr. D. Me. 2003). · cites it 12× “14 M.R.S.A. § 3572(1). The Maine UFTA definition of “insider” is derived from the definition in Bankruptcy Code § 101(31), with minor variations.”
Keach v. Wheeling & Lake Erie Ry. Co. (In Re Montreal, Maine & Atl. Ry., Ltd.), 888 F.3d 1 (1st Cir. 2018). · cites it 2× “See MMA II , 2017 WL 3485560 , at *5 ; see also 14 M.R.S.A. § 3572(2), (12). We need not resolve the knotty questions concerning the temporal relationship between the FRA's release of its lien and the waterfall disbursements.”
Turner v. JPB Enter., Inc. (In Re Maine Poly, Inc.), 317 B.R. 1 (Bankr. D. Me. 2004). · cites it 2× “” 14 M.R.S.A. § 3572(12). An “asset” is property of a debtor, but does not include property "to the extent that it is encumbered by a valid lien.”
Fed. Deposit Ins. v. Proia, 663 A.2d 1252 (Me. 1995). · cites it 2× “For purposes of the Act, an “insider” is defined as, inter alia, an individual who is a relative of the debtor. 14 M.R.S.A. § 3572(7)(A)(1).”
Morin v. Dubois, 1998 ME 160 (Me. 1998). · cites it 2× “" 14 M.R.S.A. § 3572(2)(A). Both the office building and the residential property were encumbered by a lien at the time of the transfer.”
Dev. Specialists, Inc. v. Kaplan, 574 B.R. 1 (D. Me. 2017). “” 14 M.R.S.A. § 3572(12). The UFTA defines "lien” as "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…”
Samsara Mem'l Trust v. Kelly, Remmel & Zimmerman Kelly, Remmel & Zimmerman v. Raisin Mem'l Trust, 2014 ME 107 (Me. 2014). “” 14 M.R.S. § 3572(3) (2013). 10 . Maine’s Uniform Fraudulent Transfer Act (MFTA) provides for various remedies, one of which is the avoidance of the transfer.”
State of Maine v. Daniel B. Tucci Sr., 2019 ME 51 (Me. 2019). “" 14 M.R.S. § 3572(4), (9) (emphasis added).”
Off. Post Confirmation Comm. of Creditors Holding Unsecured Claims v. Markheim, 877 A.2d 155 (Me. 2005). “§ 3575(2)(A), such as a relative, 14 M.R.S.A. § 3572(7)(A)(1), and whether the debtor absconded, 14 M.”
Huber v. Williams, 869 A.2d 737 (Me. 2005). · cites it 2× “See 14 M.R.S.A. § 3572(12) (defining “transfer” to include direct and indirect modes of parting with an asset).”
Carneal v. Leighton, 237 F. Supp. 2d 104 (D. Me. 2002). “14 M.R.S.A § 3572(3) defines “claim” as “a right to payment, whether or not the right is reduced to judgment .”
U.S. Bank v. Manning (Me. Super. Ct 2018). · cites it 4× “The State is a creditor within the meaning of 14 M.R.S.A. § 3572(4), and Tucci is a debtor within the meaning of 14 M.”
Show all 28 citing cases →
— Me. Rev. Stat. tit. 14, § 3572(1) — 1 case
Turner v. Phoenix Fin., LLC (In Re Imageset, Inc.), 299 B.R. 709 (Bankr. D. Me. 2003). “14 M.R.S.A. § 3572(1). The Maine UFTA definition of “insider” is derived from the definition in Bankruptcy Code § 101(31), with minor variations.”
— Me. Rev. Stat. tit. 14, § 3572(1)(A) — 1 case
Turner v. Phoenix Fin., LLC (In Re Imageset, Inc.), 299 B.R. 709 (Bankr. D. Me. 2003). “14 M.R.S.A. § 3572(1). The Maine UFTA definition of “insider” is derived from the definition in Bankruptcy Code § 101(31), with minor variations.”
— Me. Rev. Stat. tit. 14, § 3572(11) — 2 cases
Turner v. Phoenix Fin., LLC (In Re Imageset, Inc.), 299 B.R. 709 (Bankr. D. Me. 2003). “14 M.R.S.A. § 3572(1). The Maine UFTA definition of “insider” is derived from the definition in Bankruptcy Code § 101(31), with minor variations.”
Fed. Deposit Ins. v. Proia, 663 A.2d 1252 (Me. 1995). “For purposes of the Act, an “insider” is defined as, inter alia, an individual who is a relative of the debtor. 14 M.R.S.A. § 3572(7)(A)(1).”
— Me. Rev. Stat. tit. 14, § 3572(12) — 6 cases
Dev. Specialists, Inc. v. Kaplan, 574 B.R. 1 (D. Me. 2017). “” 14 M.R.S.A. § 3572(12). The UFTA defines "lien” as "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…”
Turner v. JPB Enter., Inc. (In Re Maine Poly, Inc.), 317 B.R. 1 (Bankr. D. Me. 2004). “” 14 M.R.S.A. § 3572(12). An “asset” is property of a debtor, but does not include property "to the extent that it is encumbered by a valid lien.”
Huber v. Williams, 869 A.2d 737 (Me. 2005). “See 14 M.R.S.A. § 3572(12) (defining “transfer” to include direct and indirect modes of parting with an asset).”
Berntsen v. Berntsen (Me. Super. Ct 2016).
SE Prop. Holdings v. Maclin (Me. Super. Ct 2013).
— Me. Rev. Stat. tit. 14, § 3572(2) — 1 case
Keach v. Wheeling & Lake Erie Ry. Co. (In Re Montreal, Maine & Atl. Ry., Ltd.), 888 F.3d 1 (1st Cir. 2018). “See MMA II , 2017 WL 3485560 , at *5 ; see also 14 M.R.S.A. § 3572(2), (12). We need not resolve the knotty questions concerning the temporal relationship between the FRA's release of its lien and the waterfall disbursements.”
— Me. Rev. Stat. tit. 14, § 3572(2)(A) — 3 cases
Morin v. Dubois, 1998 ME 160 (Me. 1998). “" 14 M.R.S.A. § 3572(2)(A). Both the office building and the residential property were encumbered by a lien at the time of the transfer.”
Turner v. JPB Enter., Inc. (In Re Maine Poly, Inc.), 317 B.R. 1 (Bankr. D. Me. 2004). “” 14 M.R.S.A. § 3572(12). An “asset” is property of a debtor, but does not include property "to the extent that it is encumbered by a valid lien.”
Clark v. Brooks Woolen, Inc. (Me. Super. Ct 2000).
— Me. Rev. Stat. tit. 14, § 3572(3) — 7 cases
Samsara Mem'l Trust v. Kelly, Remmel & Zimmerman Kelly, Remmel & Zimmerman v. Raisin Mem'l Trust, 2014 ME 107 (Me. 2014). “” 14 M.R.S. § 3572(3) (2013). 10 . Maine’s Uniform Fraudulent Transfer Act (MFTA) provides for various remedies, one of which is the avoidance of the transfer.”
Carneal v. Leighton, 237 F. Supp. 2d 104 (D. Me. 2002). “14 M.R.S.A § 3572(3) defines “claim” as “a right to payment, whether or not the right is reduced to judgment .”
Powell v. Charles Dhyse Trust (Me. Super. Ct 2019).
Warner v. Coastal Realty Capital, LLC (Me. Super. Ct 2022).
Henderson v. Henderson (Me. Super. Ct 2001).
— Me. Rev. Stat. tit. 14, § 3572(4) — 5 cases
State of Maine v. Daniel B. Tucci Sr., 2019 ME 51 (Me. 2019). “" 14 M.R.S. § 3572(4), (9) (emphasis added).”
U.S. Bank v. Manning (Me. Super. Ct 2018). “The State is a creditor within the meaning of 14 M.R.S.A. § 3572(4), and Tucci is a debtor within the meaning of 14 M.”
Berntsen v. Berntsen (Me. Super. Ct 2016).
Colucci v. Colucci (Me. Super. Ct 2019).
McGonagle v. Palli (Me. Super. Ct 2014).
— Me. Rev. Stat. tit. 14, § 3572(5) — 2 cases
O'Shea v. O'Shea (Me. Super. Ct 2020).
Clavet v. Dean (Me. Super. Ct 2020).
— Me. Rev. Stat. tit. 14, § 3572(6) — 1 case
Turner v. Phoenix Fin., LLC (In Re Imageset, Inc.), 299 B.R. 709 (Bankr. D. Me. 2003). “14 M.R.S.A. § 3572(1). The Maine UFTA definition of “insider” is derived from the definition in Bankruptcy Code § 101(31), with minor variations.”
— Me. Rev. Stat. tit. 14, § 3572(7) — 3 cases
Turner v. Phoenix Fin., LLC (In Re Imageset, Inc.), 299 B.R. 709 (Bankr. D. Me. 2003). “14 M.R.S.A. § 3572(1). The Maine UFTA definition of “insider” is derived from the definition in Bankruptcy Code § 101(31), with minor variations.”
Huber v. Williams, 869 A.2d 737 (Me. 2005). “See 14 M.R.S.A. § 3572(12) (defining “transfer” to include direct and indirect modes of parting with an asset).”
Town of Freeport v. Island Rover Found. (Me. Super. Ct 2019).
— Me. Rev. Stat. tit. 14, § 3572(7)(A) — 1 case
Powell v. Charles Dhyse Trust (Me. Super. Ct 2019).
— Me. Rev. Stat. tit. 14, § 3572(7)(A)(1) — 3 cases
Fed. Deposit Ins. v. Proia, 663 A.2d 1252 (Me. 1995). “For purposes of the Act, an “insider” is defined as, inter alia, an individual who is a relative of the debtor. 14 M.R.S.A. § 3572(7)(A)(1).”
Off. Post Confirmation Comm. of Creditors Holding Unsecured Claims v. Markheim, 877 A.2d 155 (Me. 2005). “§ 3575(2)(A), such as a relative, 14 M.R.S.A. § 3572(7)(A)(1), and whether the debtor absconded, 14 M.”
Poor v. Lindell (Me. Super. Ct 2023).
— Me. Rev. Stat. tit. 14, § 3572(7)(A)(4) — 1 case
McGonagle v. Palli (Me. Super. Ct 2014).
— Me. Rev. Stat. tit. 14, § 3572(7)(A)(l) — 1 case
Berntsen v. Berntsen (Me. Super. Ct 2016).
— Me. Rev. Stat. tit. 14, § 3572(7)(B)(1) — 1 case
Turner v. Phoenix Fin., LLC (In Re Imageset, Inc.), 299 B.R. 709 (Bankr. D. Me. 2003). “14 M.R.S.A. § 3572(1). The Maine UFTA definition of “insider” is derived from the definition in Bankruptcy Code § 101(31), with minor variations.”
— Me. Rev. Stat. tit. 14, § 3572(7)(B)(4) — 1 case
Turner v. Phoenix Fin., LLC (In Re Imageset, Inc.), 299 B.R. 709 (Bankr. D. Me. 2003). “14 M.R.S.A. § 3572(1). The Maine UFTA definition of “insider” is derived from the definition in Bankruptcy Code § 101(31), with minor variations.”
— Me. Rev. Stat. tit. 14, § 3572(7)(B)(6) — 1 case
Turner v. Phoenix Fin., LLC (In Re Imageset, Inc.), 299 B.R. 709 (Bankr. D. Me. 2003). “14 M.R.S.A. § 3572(1). The Maine UFTA definition of “insider” is derived from the definition in Bankruptcy Code § 101(31), with minor variations.”
— Me. Rev. Stat. tit. 14, § 3572(7)(D) — 1 case
Turner v. Phoenix Fin., LLC (In Re Imageset, Inc.), 299 B.R. 709 (Bankr. D. Me. 2003). “14 M.R.S.A. § 3572(1). The Maine UFTA definition of “insider” is derived from the definition in Bankruptcy Code § 101(31), with minor variations.”
— Me. Rev. Stat. tit. 14, § 3572(7)(E) — 1 case
Turner v. Phoenix Fin., LLC (In Re Imageset, Inc.), 299 B.R. 709 (Bankr. D. Me. 2003). “14 M.R.S.A. § 3572(1). The Maine UFTA definition of “insider” is derived from the definition in Bankruptcy Code § 101(31), with minor variations.”
— Me. Rev. Stat. tit. 14, § 3572(9) — 1 case
Turner v. Phoenix Fin., LLC (In Re Imageset, Inc.), 299 B.R. 709 (Bankr. D. Me. 2003). “14 M.R.S.A. § 3572(1). The Maine UFTA definition of “insider” is derived from the definition in Bankruptcy Code § 101(31), with minor variations.”
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