Massachusetts General Laws

Mass. Gen. Laws ch. 109A, § 7 (2026)

Transfer; definition

✓ current as of July 2026

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Section 7. For the purposes of this chapter:

(1) a transfer is made:

(i) with respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, when the transfer is so far perfected that a good-faith purchaser of the asset from the debtor against whom applicable law permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the interest of the transferee; and

(ii) with respect to an asset that is not real property or that is a fixture, when the transfer is so far perfected that a creditor on a simple contract cannot acquire a judicial lien otherwise than under this chapter that is superior to the interest of the transferee;

(2) if applicable law permits the transfer to be perfected as provided in paragraph (1) and the transfer is not so perfected before the commencement of an action for relief under this chapter, the transfer shall be deemed made immediately before the commencement of the action;

(3) if applicable law does not permit the transfer to be perfected as provided in paragraph (1), the transfer is made when it becomes effective between the debtor and the transferee;

(4) a transfer is not made until the debtor has acquired rights in the asset transferred;

(5) an obligation is incurred:

(i) if oral, when it becomes effective between the parties; or

(ii) if evidenced by a writing, when the writing executed by the obligor is delivered to or for the benefit of the obligee.

Notes of Decisions

Cited in 32 cases, 1932–2014 · 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 10× “G.L. c. 109A, § 7 33. In his final fraudulent conveyance count, brought under UFCA § 7, the Trustee asserts that the Court should avoid Bar-clays’ liens and Morse’s obligation to Bar-clays because, in carrying out the buyout, Morse and Barclays acted with actual intent to delay…”

Palmer v. Murphy, 677 N.E.2d 247 (Mass. App. Ct. 1997). · cites it 3× “109A, pertaining to fraudulent transfers of property, and specifically G. L. c. 109A, § 7, 15 concerning conveyances made with intent to defraud.”

Ryan v. Kehoe, 562 N.E.2d 831 (Mass. 1990). · cites it 3× “3 Further, the judge ruled that the evidence at trial was sufficient to support a finding that Kehoe had actual intent to “hinder, delay or defraud” the plaintiff, permitting the conveyances to be set aside under G. L. c. 109A, § 7 (1988 ed.). 4 The judge, therefore, ordered…”

Fed. Refinance Co. v. Klock, 352 F.3d 16 (1st Cir. 2003). “Mass. Gen. Laws ch. 109A, § 7 (repealed 1996).”

Campana v. Pilavis (In Re Pilavis), 233 B.R. 1 (Bankr. D. Mass. 1999). · cites it 2× “Plaintiff urges that the transfer did not occur until the deed was recorded, at which point it would be valid against a good faith purchaser for value, citing § 6(l)(i) of the Uniform Fraudulent Transfer Act, adopted in Massachusetts as Mass.Gen.Laws ch. 109A § 7(l)(i), and…”

Branch v. Fed. Deposit Ins., 825 F. Supp. 384 (D. Mass. 1993). “Proof of this element is not required under sections 548(a)(1) or 544(b) to the extent his claims are based on Mass.Gen.L. ch. 109A § 7, since this section requires only proof that the transfers were made with actual intent to hinder, delay, or defraud.”

Bak v. Bak, 511 N.E.2d 625 (Mass. App. Ct. 1987). “without the express authorization of this court” until such time as alimony payments had been completed. Under the Uniform Fraudulent Conveyance Act, G.”

SHAMROCK v. Fed. Deposit Ins. Corp., 629 N.E.2d 344 (Mass. App. Ct. 1994). · cites it 2× “7 That count expresses a claim under G. L. c. 109A, § 7, as inserted by St. 1924, c.”

Brandt v. Hicks, Muse & Co. (In Re Healthco Int'l, Inc.), 195 B.R. 971 (Bankr. D. Mass. 1996). “Section 546(e) provides: Notwithstanding sections 544, 545, 547, 548(a)(2), and 548(b) of this title, the trustee may not avoid a transfer that is a margin payment, as defined in section 101, 741, or 761 of this title, or settlement payment, as defined in section 101 or 741 of…”

Schussel v. Werfel, 758 F.3d 82 (1st Cir. 2014). “Moreover, even in a case where the interest did not accrue until after the date of the transfer, the government would seem to be able to recover the $30, at least where, as here, the transferor’s actual fraudulent intent renders the transfer invalid as to both present and future…”

Northborough Nat'l Bank v. Risley, 424 N.E.2d 522 (Mass. 1981). · cites it 2× “The findings that the transfer to the defendant was made with an intent to place the property out of the reach of the *350 plaintiff bank and that the defendant knowingly participated are not clearly erroneous.”

Energy Resources Co. v. Rosen (In Re Energy Resources Co.), 49 B.R. 278 (Bankr. D. Mass. 1985). “§ 548 or pursuant to M.G.L. c. 109A § 7, through 11 U.S.C. § 544 .”

Show all 32 citing cases →

— Mass. Gen. Laws ch. 109A, § 7(4) — 1 case

Calnan v. McCarthy, 12 Mass. L. Rptr. 522 (Mass. Super. Ct. 2000).

— Mass. Gen. Laws ch. 109A, § 7(l)(i) — 1 case

Campana v. Pilavis (In Re Pilavis), 233 B.R. 1 (Bankr. D. Mass. 1999). “Plaintiff urges that the transfer did not occur until the deed was recorded, at which point it would be valid against a good faith purchaser for value, citing § 6(l)(i) of the Uniform Fraudulent Transfer Act, adopted in Massachusetts as Mass.Gen.Laws ch. 109A § 7(l)(i), and…”

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