Chapter 95

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)

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)

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)