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Petitioner disputes that Stanko transferred the note to her
for less than fair consideration or with the intent to hinder,
delay, or defraud creditors.
The Nebraska Uniform Fraudulent Conveyance Act (as in effect
during all times relevant here)3 (Neb. Rev. Stat. secs. 36-602,
36-603, 36-604, 36-607 (reissue 1988))4 allows a court to void a
3 This statute has since been replaced. The statute
governing substantive matters in effect at the time of the
transfer governs, not statutes enacted later. Schall v.
Anderson's Implement, Inc., 484 N.W.2d 86, 89-90 (Neb. 1992).
4 Secs. 36-602, 36-603, 36-604, and 36-607 of the Revised
Statutes of Nebraska (Neb. Rev. Stat. secs. 36-602, 36-603, 36-
604, and 36-607 (reissue 1988)) (as in effect at the time of the
transfer) provide:
Sec. 36-602 Insolvency; how determined.
(1) A person is insolvent when the present fair
salable value of his or her assets is less than the
amount that will be required to pay his or her probable
liability on his or her existing debts as they become
absolute and matured.
Sec. 36-603 Fair consideration; when given.
Fair consideration is given for property, or
obligation,
(a) When in exchange for such property, or
obligation, as a fair equivalent therefor, and in good
faith, property is conveyed or an antecedent debt is
satisfied, or
(b) When such property, or obligation is received
in good faith to secure a present advance or antecedent
debt in amount not disproportionately small as compared
with the value of the property, or obligation obtained.
Sec. 36-604 Conveyance by insolvent; fraudulent.
(continued...)
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