Tennessee Code Annotated

Tenn. Code Ann. § 66-3-307 (2026)

When transfer is made or obligation is incurred

✓ current as of May 2026

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For the purposes of this part:

(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 this part that is superior to the interest of the transferee;

(2) If applicable law permits the transfer to be perfected as provided in subdivision (1)(A) and the transfer is not so perfected before the commencement of an action for relief under this part, 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)(A), 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; or

(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.

Acts 2003, ch. 42, § 1.

Notes of Decisions

Cited in 6 cases, 1987–2017 · leading case: Guinn v. Lines (In Re Trans-Lines West, Inc.), 203 B.R. 653 (Bankr. E.D. Tenn. 1996).

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Guinn v. Lines (In Re Trans-Lines West, Inc.), 203 B.R. 653 (Bankr. E.D. Tenn. 1996). · cites it 6× “Tenn.Code Ann. § 66-3-307 (1993). Conveyances with intent to defraud.”

Paris v. Walker (In re Walker), 566 B.R. 503 (Bankr. E.D. Tenn. 2017). · cites it 2× “” Tenn. Code Ann. § 66-3-307 (1)(A). Here, the applicable dates of transfer would be the dates the deeds were recorded.”

In Re Turner, 78 B.R. 166 (Bankr. E.D. Tenn. 1987). · cites it 2× “Tenn. Code Ann. § 66-3-307 . Since the trustee is a subsequent creditor, he may not be in the class of creditors protected by the first and second constructive fraud statutes.”

Crocker v. Ryan, 914 S.W.2d 551 (Tenn. Ct. App. 1995). · cites it 2× “These sections apply to future creditors, but Tenn.Code Ann. § 66-3-307 requires that the transferor have an intent or belief that future debts will exceed the transferor’s ability to pay and Tenn.”

Beverly Healthcare Brandywood v. Betty L. Gammon (Tenn. Ct. App. 2005). · cites it 8× “In order to be fraudulent under Tenn. Code Ann. § 66-3-307 (Supp. 1999) (repealed 2003), the transferor must have a belief that future debts will exceed the transferor’s ability to pay.”

Guy G. Bigger, Jr. v. Anthony I. Fields, Guy M. Fields, Patrick E. Smith (Tenn. Ct. App. 2005). · cites it 2× “4 Tennessee Code Annotated section 66-3-307 provided a conveyance made without fair consideration when the grantor believed that debts would accrue beyond his or her ability to pay as they mature was fraudulent as to both present and future creditors.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.