Missouri Revised Statutes

Mo. Rev. Stat. § 428.034 (2026)

When transfer is made or obligation is incurred

✓ current as of May 2026

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428.034. When transfer is made or obligation is incurred. — For the purposes of sections 428.005 to 428.059:

(1) A transfer is made:

(a) 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

(b) 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 sections 428.005 to 428.059 that is superior to the interest of the transferee;

(2) If applicable law permits the transfer to be perfected as provided in subdivision (1) of this section and the transfer is not so perfected before the commencement of an action for relief under sections 428.005 to 428.059, the transfer is deemed made immediately before the commencement of the action;

(3) If applicable law does not permit the transfer to be perfected as provided in subdivision (1) of this section, 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:

(a) If oral, when it becomes effective between the parties; or

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

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(L. 1992 S.B. 448)

Notes of Decisions

Cited in 4 cases, 1997–2016 · leading case: Kipperman v. Onex Corp., 411 B.R. 805 (N.D. Ga. 2009).

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Kipperman v. Onex Corp., 411 B.R. 805 (N.D. Ga. 2009). “1997) (relying on Mo.Rev.Stat. § 428.034.(5)(b) containing language identical to O.”

Miller v. Mauzey, 960 S.W.2d 564 (Mo. Ct. App. 1998). · cites it 4× “Section 428.034’s definition of "transfer” does not directly apply.”

Sosne v. Van Vleck (In Re Van Vleck), 211 B.R. 689 (Bankr. E.D. Mo. 1997). · cites it 2× “See Mo.Rev.Stat. § 428.034(5)(b) (obligation is incurred when writing is executed and delivered).”

Shirley Jones v. Randy Jones & Cassandra A. Cordes-Patton, 497 S.W.3d 334 (Mo. Ct. App. 2016). · cites it 2× “525 is inapplicable, Section 428.034 defines "transfer” pursuant to Chapter 428 and, therefore, the application of this definition to Section 428.”

— Mo. Rev. Stat. § 428.034(4) — 1 case

Miller v. Mauzey, 960 S.W.2d 564 (Mo. Ct. App. 1998). “Section 428.034’s definition of "transfer” does not directly apply.”

— Mo. Rev. Stat. § 428.034(5)(b) — 1 case

Sosne v. Van Vleck (In Re Van Vleck), 211 B.R. 689 (Bankr. E.D. Mo. 1997). “See Mo.Rev.Stat. § 428.034(5)(b) (obligation is incurred when writing is executed and delivered).”

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