Massachusetts General Laws

Mass. Gen. Laws ch. 109A, § 4 (2026)

Value of transfer

✓ current as of July 2026

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Section 4. (a) Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of the promisor's business to furnish support to the debtor or another person.

(b) For the purposes of paragraph (2) of subsection (a) of section five and section six, a person gives a reasonably equivalent value if the person acquires an interest of the debtor in an asset pursuant to a regularly conducted, noncollusive foreclosure sale or execution of a power of sale for the acquisition or disposition of the interest of the debtor upon default under a mortgage, deed of trust, or security agreement.

(c) A transfer is made for present value if the exchange between the debtor and the transferee is intended by them to be contemporaneous and is in fact substantially contemporaneous.

Notes of Decisions

Cited in 49 cases, 1930–2020 · leading case: Ferrari v. Barclays Bus. Credit, Inc. (In Re Morse Tool, Inc.), 148 B.R. 97 (Bankr. D. Mass. 1992).

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Ferrari v. Barclays Bus. Credit, Inc. (In Re Morse Tool, Inc.), 148 B.R. 97 (Bankr. D. Mass. 1992). · cites it 7× “In objection to Barclays’ claim, the Trustee argues that Morse’s obligation to Barclays and Morse’s conveyance of security interests to Barclays were fraudulent under sections 4, 5, and 7 of the Uniform Fraudulent Conveyance Act (“UFCA”) as adopted in Massachusetts, G.L. c.…”

Tetrault v. Mahoney, 425 Mass. 456 (Mass. 1997). · cites it 2× “93A, intentionally inflicted emotional distress on the plaintiffs, and fraudulently conveyed real estate in violation of G. L. c. 109A, §§ 4, 7. In addition, the plaintiffs asserted claims alleging fraud and fraudulent conveyance against Harriet A.”

Foisie v. Worcester Polytechnic Inst., 967 F.3d 27 (1st Cir. 2020). “§ 52 -552d(a); Mass. Gen. Laws ch. 109A, § 4(a); see Fed.”

Nader v. Citron, 360 N.E.2d 870 (Mass. 1977). “93A, § 11, and G. L. c. 109A, §§ 4, 7. In evaluating the denial of a motion to dismiss under rule 12 (b) (6), we follow the standard advanced by the United States *98 Supreme Court in Conley v.”

Ryan v. Kehoe, 562 N.E.2d 831 (Mass. 1990). · cites it 5× “The plaintiff subsequently brought the instant action in the Housing Court against Kehoe and his wife to set aside those conveyances as fraudulent under G. L. c. 109A, §§ 4, 7, 9 (1988 ed.). The judge found for the plaintiff, based in large part on his view of the evidence that…”

Branch v. Fed. Deposit Ins., 825 F. Supp. 384 (D. Mass. 1993). · cites it 2× “§§ 548 (a)(1), (2); Mass.Gen.L. ch. 109A §§ 4, 5, 6, 7 (incorporated into the Bankruptcy Code via 11 U.”

N. Parent, Inc. v. Cotter & Co. (In Re N. Parent, Inc.), 221 B.R. 609 (Bankr. D. Mass. 1998). · cites it 2× “§ 544 (b) pursuant to the Massachusetts Uniform Fraudulent Transfer Act, Mass. Gen. Laws. Ann. ch. 109A, §§ 4, 5 (West 1996), because the transfers were made without fair consideration and left the Debtor with unreasonably small capital with which to conduct its business and…”

Lassman v. Goldstein (In Re Goldstein), 194 B.R. 1 (Bankr. D. Mass. 1996). · cites it 3× “The Trustee contends that the conveyance can be avoided under G.L. c. 109A, § 4. 1 The Defendants concede that Debtor made the conveyance and received no consideration for it; but they deny that he was insolvent when the conveyance was made.”

Fed. Refinance Co. v. Klock, 352 F.3d 16 (1st Cir. 2003). “Mass. Gen. Laws ch. 109A, § 4 (repealed 1996).”

Evans v. Multicon Constr. Corp., 574 N.E.2d 395 (Mass. App. Ct. 1991). “214, § 3 (6) and (8), and G. L. c. 109A, § 4. Among the areas of inquiry authorized in connection with the rule 69 motion in aid of judgment 8 was whether property of MCC, the judgment debtor, could be located and, under statutory equitable powers of the court, reached and…”

Lawrence Paperboard Corp. v. Arlington Trust Co. (In Re Lawrence Paperboard Corp.), 76 B.R. 866 (Bankr. D. Mass. 1987). · cites it 2× “Finally, through Count Five, the Committee alleges that the various guaranties, security interests and mortgages granted, the obligations incurred and the payments of money or transfers of property pursuant to the guaranties, security interests and mortgages lacked fair…”

Eliot Disc. Corp. v. Dame, 473 N.E.2d 711 (Mass. App. Ct. 1985). · cites it 2× “7 The only issue of consequence in this appeal arises under G. L. c. 109A, § 4, which provides: “Every conveyance made and every obligation incurred by a person who is or will be thereby rendered insolvent is fraudulent as to creditors without regard to his actual intent if the…”

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— Mass. Gen. Laws ch. 109A, § 4(a) — 4 cases

Foisie v. Worcester Polytechnic Inst., 967 F.3d 27 (1st Cir. 2020). “§ 52 -552d(a); Mass. Gen. Laws ch. 109A, § 4(a); see Fed.”

Desmond v. Chiang (In re Chiang), 562 B.R. 559 (Bankr. D. Mass. 2016).

Cheswell, Inc. v. Premier Homes & Land Corp., 319 F. Supp. 2d 135 (D. Mass. 2004).

Hughes v. Farrey, 24 Mass. L. Rptr. 83 (Mass. Super. Ct. 2008).

— Mass. Gen. Laws ch. 109A, § 4(b) — 1 case

Cheswell, Inc. v. Premier Homes & Land Corp., 319 F. Supp. 2d 135 (D. Mass. 2004).

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