651C-1 Definitions
651C-2 Insolvency
651C-3 Value
651C-4 Transfers fraudulent as to present and future creditors
651C-5 Transfers fraudulent as to present creditors
651C-6 When transfer is made or obligation is incurred
651C-7 Remedies of creditors
651C-8 Defenses, liability, and protection of transferee
651C-9 Extinguishment of cause of action
651C-10 Supplement of provisions

Terms Used In Hawaii Revised Statutes > Chapter 651C

  • Asset: means property of a debtor but does not include:

         (1)  Property to the extent that it is encumbered by a valid lien;

         (2)  Property to the extent that it is generally exempt under nonbankruptcy law; or

         (3)  An interest in property held in tenancy by the entireties to the extent that it is not subject to process by a creditor holding a claim against only one tenant. See Hawaii Revised Statutes 425-201

  • Certificate of limited partnership: means the certificate required by section425E-201. See Hawaii Revised Statutes 425E-102
  • Claim: means a right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured. See Hawaii Revised Statutes 425-201
  • Creditor: means a person who has a claim against a debtor. See Hawaii Revised Statutes 425-201
  • Debt: means liability on a claim. See Hawaii Revised Statutes 425-201
  • Debtor: means a person against whom a creditor has a claim. See Hawaii Revised Statutes 425-201
  • Director: means the director of the department of commerce and consumer affairs. See Hawaii Revised Statutes 425E-102
  • Entity: includes domestic and foreign corporations, domestic professional corporations, domestic and foreign limited liability companies, domestic and foreign nonprofit corporations, domestic and foreign business trusts, estates, domestic and foreign partnerships, domestic and foreign limited partnerships, domestic and foreign limited liability partnerships, trusts, two or more persons having joint or common economic interest, associations and cooperative associations, and state, federal, and foreign governments. See Hawaii Revised Statutes 425E-102
  • General partner: means :

         (1)  With respect to a limited partnership, a person that:

              (A)  Becomes a general partner under section 425E-401; or

              (B)  Was a general partner in a limited partnership when the limited partnership became subject to this chapter under section 425E-1204(a) or (b); and

         (2)  With respect to a foreign limited partnership, a person that has rights, powers, and obligations similar to those of a general partner in a limited partnership. See Hawaii Revised Statutes 425E-102

  • Individual: means a natural person. See Hawaii Revised Statutes 425E-102
  • Insider: includes :

         (1)  If the debtor is an individual:

              (A)  A relative of the debtor or of a general partner of the debtor;

              (B)  A partnership in which the debtor is a general partner;

              (C)  A general partner in a partnership described in subparagraph (B); or

              (D)  A corporation of which the debtor is a director, officer, or person in control;

         (2)  If the debtor is a corporation:

              (A)  A director of the debtor;

              (B)  An officer of the debtor;

              (C)  A person in control of the debtor;

              (D)  A partnership in which the debtor is a general partner;

              (E)  A general partner in a partnership described in subparagraph (D); or

              (F)  A relative of a general partner, director, officer, or person in control of the debtor;

         (3)  If the debtor is a partnership:

              (A)  A general partner of the debtor;

              (B)  A relative of a general partner in, of a general partner of, or of a person in control of the debtor;

              (C)  Another partnership in which the debtor is a general partner;

              (D)  A general partner in a partnership described in subparagraph (C); or

              (E)  A person in control of the debtor;

         (4)  An affiliate, or an insider of an affiliate as if the affiliate were the debtor; and

         (5)  A managing agent of the debtor. See Hawaii Revised Statutes 425-201

  • Lien: means a charge against or an interest in property to secure payment of a debt or performance of an obligation, including a security interest created by agreement, a judicial lien obtained by legal or equitable process or proceedings, a common-law lien, or a statutory lien. See Hawaii Revised Statutes 425-201
  • Limited partner: means :

         (1)  With respect to a limited partnership, a person that:

              (A)  Becomes a limited partner under section 425E-301; or

              (B)  Was a limited partner in a limited partnership when the limited partnership became subject to this chapter under section 425E-1204(a) or (b); and

         (2)  With respect to a foreign limited partnership, a person that has rights, powers, and obligations similar to those of a limited partner in a limited partnership. See Hawaii Revised Statutes 425E-102

  • Merger: means the procedure authorized by this part in which one domestic or foreign entity combines with one or more domestic or foreign entities resulting in either one surviving entity or one new entity. See Hawaii Revised Statutes 425-201
  • oath: includes a solemn affirmation. See Hawaii Revised Statutes 54-16
  • Organizing articles: means :

         (1)  For an association, corporation, or nonprofit corporation, the articles of incorporation;

         (2)  For a general partnership or limited liability partnership, the registration statement;

         (3)  For a limited partnership, the certificate of limited partnership; and

         (4)  For a limited liability company, the articles of organization. See Hawaii Revised Statutes 425-201

  • Partner: means a limited partner or general partner. See Hawaii Revised Statutes 425E-102
  • Person: includes any individual or entity. See Hawaii Revised Statutes 425E-102
  • Person: means an individual, partnership, corporation, association, organization, government or governmental subdivision or agency, business trust, estate, trust, or any other legal or commercial entity. See Hawaii Revised Statutes 425-201
  • Property: means anything that may be the subject of ownership. See Hawaii Revised Statutes 425-201
  • Transfer: means every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with an asset or an interest in an asset, and includes a payment of money, a release, a lease, and the creation of a lien or encumbrance. See Hawaii Revised Statutes 425-201
  • Valid lien: means a lien that is effective against the holder of a judicial lien subsequently obtained by legal or equitable process or proceedings. See Hawaii Revised Statutes 425-201