(A)(1) A transfer is made if either of the following applies:
(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;
(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 this chapter that is superior to the interest of the transferee.
(2)(a) If applicable law permits the transfer to be perfected as provided in division (A) of this section and the transfer is not so perfected before the commencement of an action for relief arising out of a transfer that is fraudulent under section 1336.04 or 1336.05 of the Revised Code, the transfer is deemed made immediately before the commencement of the action.
(b) If applicable law does not permit the transfer to be perfected as provided in division (A) of this section, the transfer is made when it becomes effective between the debtor and the transferee.
(3) A transfer is not made until the debtor has acquired rights in the asset transferred.
(B) An obligation is incurred as follows:
(1) If oral, when it becomes effective between the parties;
(2) 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 17
cases (4 in the last 5 years), 1981–2026 · leading case: In re Taubman, 160 B.R. 964 (Bankr. S.D. Ohio 1993).
In re Taubman, 160 B.R. 964 (Bankr. S.D. Ohio 1993). · cites it 7ד§ 548 (a)(2)(B)(ii); O.R.C. § 1336.06 with § 548(a)(2)(B)(iii)), contain a separate basis for liability, to wit: constructive fraud, predicated on insolvency at the time of a transfer, coupled with lack of adequate consideration or good faith transfer.”
Belfance v. Bushey (In Re Bushey), 210 B.R. 95 (B.A.P. 6th Cir. 1997). · cites it 9ד1986) (repealed), 1 notwithstanding that the account balance passed through zero between the challenged transfer and the bankruptcy filing; (3) whether a creditor with a continuously open credit card account is a “future” creditor under Ohio Rev.Code Ann. § 1336.06 and § 1336.07…”
Comer v. Calim, 716 N.E.2d 245 (Ohio Ct. App. 1st Dist. 1998). · cites it 5דThe statutory basis of Calim’s argument is R.C. 1336.06, which determines when a transfer is made or an obligation incurred.”
Allan v. Allan, 2022-Ohio-1488. · cites it 4ד3d 599, 604 , 716 N.E.2d 245 (1st Dist.1998). In determining whether a transfer is made under the Fraudulent Transfer Act, R.”
Ransier v. McFarland (In Re McFarland), 170 B.R. 613 (Bankr. S.D. Ohio 1994). · cites it 2דSee Ohio Rev. Code § 1336.06(A)(1)(a). At that time valid liens against the property consisted of a first mortgage in the amount of $658,858 and a second mortgage in the amount of $100,000.”
Toledo Trust Co. v. Poole (In Re Poole), 15 B.R. 422 (Bankr. N.D. Ohio 1981). · cites it 2דEquitable insolvency is employed in Section 1336.06, Revised Code. The definition in Section 1336.”
Stein v. Brown, 480 N.E.2d 1121 (Ohio 1985). “” R.C. 1336.06 also states: “Every conveyance made and every obligation incurred without fair consideration, when the person making the conveyance or entering into the obligation intends or believes that he will incur debts beyond his ability to pay as they mature, is fraudulent…”
Cardiovascular & Thoracic Surgery of Canton, Inc. v. DiMazzio, 524 N.E.2d 915 (Ohio Ct. App. 5th Dist. 1987). “” R.C. 1336.06, debts incurred beyond ability to pay, recites: “Every conveyance made and every obligation incurred without fair consideration, when the person making the conveyance or entering into the obligation intends or believes that he will incur debts beyond his ability…”
Guernsey Cty. Cmty. Dev. Corp. v. Speedy, 2023-Ohio-1796, 216 N.E.3d 18. “R.C. 1336.06(A)(1) states that a transfer of real property is made for purposes of Chapter 1336 “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…”
Frayer Seed, Inc. v. Century 21 Fertilizer & Farm Chemicals, Inc., 555 N.E.2d 654 (Ohio Ct. App. 3d Dist. 1988). “* * *” R.C. 1336.06 provides: “Every conveyance made and every obligation incurred without fair consideration, when the person making the conveyance or entering into the obligation intends or believes that he will incur debts beyond his ability to pay as they mature, is…”
Crocker v. Hood, 681 N.E.2d 460 (Ohio Ct. App. 9th Dist. 1996). “R.C. 1336.06 deals with consideration and provided: “Every conveyance made and every obligation incurred without fair consideration, when the person making the conveyance or entering into the obligation intends or believes that he will incur debts beyond his ability to pay as…”
Guernsey Cty. Cmty. Dev. Corp. v. Speedy, 2023-Ohio-1796, 216 N.E.3d 18. “R.C. 1336.06(A)(1) states that a transfer of real property is made for purposes of Chapter 1336 “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…”
Ohio Rev. Code § 1336.06(A)(1)(a): 1 case
Ransier v. McFarland (In Re McFarland), 170 B.R. 613 (Bankr. S.D. Ohio 1994). “See Ohio Rev. Code § 1336.06(A)(1)(a). At that time valid liens against the property consisted of a first mortgage in the amount of $658,858 and a second mortgage in the amount of $100,000.”
Allan v. Allan, 2022-Ohio-1488. “3d 599, 604 , 716 N.E.2d 245 (1st Dist.1998). In determining whether a transfer is made under the Fraudulent Transfer Act, R.”
Comer v. Calim, 716 N.E.2d 245 (Ohio Ct. App. 1st Dist. 1998). “The statutory basis of Calim’s argument is R.C. 1336.06, which determines when a transfer is made or an obligation incurred.”
Comer v. Calim, 716 N.E.2d 245 (Ohio Ct. App. 1st Dist. 1998). “The statutory basis of Calim’s argument is R.C. 1336.06, which determines when a transfer is made or an obligation incurred.”
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