Source: L. 91: Entire article added, p. 1684, § 1, effective July 1.
Editor's note - Colorado legislative change: This section was numbered as section 3 in the uniform act. In subsection (2), after "conducted,", the phrase "noncollusive foreclosure sale or execution" has been changed to "noncollusive sale, foreclosing on assets subject to a lien, or pursuant to the execution".
4(a)(2) (numbered as section 38-8-105 (1)(b) in C.R.S.) ("reasonably equivalent value");
4(b)(8) (numbered as section 38-8-105 (2)(h) in C.R.S.) ("value ... reasonably equivalent);
5(a) (numbered as section 38-8-106 (1) in C.R.S.) ("reasonably equivalent value");
5(b) (numbered as section 38-8-106 (2) in C.R.S.) ("present, reasonably equivalent value");
8(a) (numbered as section 38-8-109 (1) in C.R.S.) ("reasonably equivalent value");
8(b), (c), (d), and (e) (numbered as section 38-8-109 (2), (3), (4), and (5) in C.R.S.) ("value");
8(f)(1) (numbered as section 38-8-109 (6)(a) in C.R.S.) ("new value"); and
8(f)(3) (numbered as section 38-8-109 (6)(c) in C.R.S.) ("present value").
If a lien given an insider for a present consideration is not perfected as against a subsequent bona fide purchaser or is so perfected after a delay following an extension of credit secured by the lien, foreclosure of the lien may result in a transfer for an antecedent debt that is voidable under Section 5(b) infra (numbered as section 38-8-106 (2) in C.R.S.). Subsection (b) does not apply to an action under Section 4(a)(1) (numbered as section 38-8-105 (1)(a) in C.R.S.) to avoid a transfer or obligation because made or incurred with actual intent to hinder, delay, or defraud any creditor.
Structure Colorado Code
Title 38 - Property - Real and Personal
Article 8 - Fraudulent Transfers
§ 38-8-105. Transfers Fraudulent as to Present and Future Creditors
§ 38-8-106. Transfers Fraudulent as to Present Creditors
§ 38-8-107. When Transfer Is Made or Obligation Is Incurred
§ 38-8-108. Remedies of Creditors
§ 38-8-109. Defenses, Liability, and Protection of Transferee
§ 38-8-110. Extinguishment of Cause of Action