Chapter 095
95.200 to 95.310
NOTES OF DECISIONS
Where plaintiff brought products liability action against corporation and holding company entirely owned by former shareholders of corporation for asbestos related injury, corporate restructuring resulting in formation of holding company was designed for improper purpose of escaping asbestos related liabilities and holding company was successor in liability and responsible for corporations’ strict liability torts. Schmoll v. Acands, Inc., 703 F Supp 868 (D. Or. 1988)
Garnishment is available action for relief for creditor proceeding under Uniform Fraudulent Transfer Act. Twigg v. Opsahl, 316 Or App 775, 505 P3d 486 (2022), modified 317 Or App 815, 505 P3d 516 (2022)
95.200
NOTES OF DECISIONS
Disposing of property that is subject to security interest is not transfer of assets. Kellstrom Bros. Painting v. Carriage Works, Inc., 117 Or App 276, 844 P2d 221 (1992), Sup Ct review denied
“Transfer” includes dissolution judgment. Greeninger v. Cromwell, 140 Or App 241, 915 P2d 479 (1996), Sup Ct review denied
Exemption from definition of “asset” applicable to property because encumbered by valid lien extends only to property equity value that equals or is included in amount of lien. Oregon Account Systems, Inc. v. Greer, 165 Or App 738, 996 P2d 1025 (2000)
Property held as tenancy by entirety is “asset” subject to process by creditor to extent of debtor spouse’s one-half share of property rents and profits. Oregon Account Systems, Inc. v. Greer, 165 Or App 738, 996 P2d 1025 (2000)
95.230
NOTES OF DECISIONS
Court did not err in holding that transfer from ex-wife to ex-husband and from ex-husband back to ex-wife was not made with actual intent to hinder, delay or defraud ex-husband’s creditors where evidence showed intent was to procure lower mortgage interest rate. Harris v. Crist, 96 Or App 263, 772 P2d 446 (1989)
Corporation’s foregiveness of debts owed it by partnership whose principals were same as corporation’s constituted fraudulent transfer. Allen v. Meinig, 109 Or App 341, 819 P2d 744 (1991), Sup Ct review denied
Presence of several listed factors does not shift burden of proof to defendant. Morris v. Nance, 132 Or App 216, 888 P2d 571 (1994), Sup Ct review denied
Equitable distribution of marital property in noncollusive dissolution proceeding is given for “reasonably equivalent value.” In re Bledsoe, 350 B.R. 513 (Bkrtcy. D. Or. 2006)
95.240
NOTES OF DECISIONS
Uniform Fraudulent Transfer Act did not provide means by which creditor could void transfer from bank to shareholder of debtor because disposing of property that is subject to security interest is not transfer of assets. Kellstrom Bros. Painting v. Carriage Works, Inc., 117 Or App 276, 844 P2d 221 (1992), Sup Ct review denied
Equitable distribution of marital property in noncollusive dissolution proceeding is given for “reasonably equivalent value.” In re Bledsoe, 350 B.R. 513 (Bkrtcy. D. Or. 2006)
95.260
NOTES OF DECISIONS
Property purchased from income earned by combined use of transferred asset and other non-transferred elements was not subject to levy as proceed of transferred asset. Cadle Co. II v. Schellman, 126 Or App 372, 868 P2d 773 (1994)
Court may allow post-judgment amendment of pleadings to join nonparty to extent necessary to enforce judgment by levying execution on assets fraudulently conveyed to nonparty. Jones v. North West Telemarketing, Inc., 136 F. Supp. 2d 1166 (D. Or. 2001)
Existence of unsatisfied judgment with respect to underlying tort claim against defendant does not defeat party’s right to seek relief for fraudulent transfer made in midst of dispute over right to payment in underlying claim. Rowden v. Hogan Woods, LLC, 306 Or App 658, 476 P3d 485 (2020)
95.270
NOTES OF DECISIONS
Action could not be maintained directly against trustee of property rather than against transferee. Cadle Co. II v. Schellman, 126 Or App 372, 868 P2d 773 (1994)
Good faith required of taker is subjective good faith. Cushman v. Wilkinson, 129 Or App 317, 879 P2d 873 (1994)