Section 428.034

Title XXVII DEBTOR-CREDITOR RELATIONS

Chapter 428

Effective - 28 Aug 1992   

  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)