Montana Code 31-2-335. When transfer made or obligation incurred
31-2-335. When transfer made or obligation incurred. For the purposes of this part:
Terms Used In Montana Code 31-2-335
- Asset: means property of a debtor, but the term does not include:
(a)property to the extent it is encumbered by a valid lien;
(b)property to the extent it is generally exempt under nonbankruptcy law; or
(c)an interest in property held in tenancy by the entireties to the extent it is not subject to process by a creditor holding a claim against only one tenant. See Montana Code 31-2-328
- Contract: A legal written agreement that becomes binding when signed.
- Creditor: means a person who has a claim. See Montana Code 31-2-328
- Debtor: means a person who is liable on a claim. See Montana Code 31-2-328
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Property: means anything that may be the subject of ownership. See Montana Code 31-2-328
- 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 payment of money, release, lease, and creation of a lien or other encumbrance. See Montana Code 31-2-328
- Writing: includes printing. See Montana Code 1-1-203
(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 this part that is superior to the interest of the transferee;
(2)if applicable law permits the transfer to be perfected as provided in subsection (1) and the transfer is not perfected before the commencement of an action for relief under this part, the transfer is considered made immediately before the commencement of the action;
(3)if applicable law does not permit the transfer to be perfected as provided in subsection (1), the transfer is considered 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 in writing, when the writing executed by the obligor is delivered to or for the benefit of the obligee.