20 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...)Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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