Voidable transactions: remedies: choice of law.

AB 1473

California Bills

20250AB__147399INT INTRODUCED 2025-02-21 2025 AB INT Introduced by Assembly Member Essayli LEAD_AUTHOR ASSEMBLY Essayli

An act to amend

Section 3439.10 of the Civil Code, relating to civil law. civil law Voidable transactions: remedies: choice of law. Existing law, the Uniform Voidable Transactions Act, generally establishes the conditions under which a transfer made or obligation incurred by a debtor is voidable as to a creditor, and sets forth the remedies of a creditor with respect to a voidable transfer or obligation. Existing law specifies that a covered claim is governed by the local law of the jurisdiction in which the debtor is located when the transfer is made or the obligation is incurred.

Existing law specifies, for purposes of these provisions, that a debtor’s location, if the debtor is an individual, is the individual’s principal residence. This bill would instead provide that a debtor’s location, if the debtor is an individual, is the debtor’s principal residence or domicile. MAJORITY NO NO NO NO NO NO NO NO NO NO The people of the State of California do enact as follows:

SECTION

Section 3439.10 of the Civil Code is amended to read: 3439.10. (

a) In this section, the following rules determine a debtor’s location:

(1) A debtor who is an individual is located at the individual’s principal residence or domicile.

(2) A debtor that is an organization and has only one place of business is located at its place of business.

(3) A debtor that is an organization and has more than one place of business is located at its chief executive office. (

b) A claim in the nature of a claim under this

chapter is governed by the local law of the jurisdiction in which the debtor is located when the transfer is made or the obligation is incurred.

Document details

CollectionCalifornia Bills
CitationAB 1473
Date2025-02-21
Typebill
Languageen
SourceCA_BILL
Identifier20250AB147399INT

Voidable transactions: remedies: choice of law.

AB 1473

California Bills

Voidable transactions: remedies: choice of law.

AB 1473

California Bills

20250AB__147399INT INTRODUCED 2025-02-21 2025 AB INT Introduced by Assembly Member Essayli LEAD_AUTHOR ASSEMBLY Essayli

An act to amend

Section 3439.10 of the Civil Code, relating to civil law. civil law Voidable transactions: remedies: choice of law. Existing law, the Uniform Voidable Transactions Act, generally establishes the conditions under which a transfer made or obligation incurred by a debtor is voidable as to a creditor, and sets forth the remedies of a creditor with respect to a voidable transfer or obligation. Existing law specifies that a covered claim is governed by the local law of the jurisdiction in which the debtor is located when the transfer is made or the obligation is incurred.

Existing law specifies, for purposes of these provisions, that a debtor’s location, if the debtor is an individual, is the individual’s principal residence. This bill would instead provide that a debtor’s location, if the debtor is an individual, is the debtor’s principal residence or domicile. MAJORITY NO NO NO NO NO NO NO NO NO NO The people of the State of California do enact as follows:

SECTION

Section 3439.10 of the Civil Code is amended to read: 3439.10. (

a) In this section, the following rules determine a debtor’s location:

(1) A debtor who is an individual is located at the individual’s principal residence or domicile.

(2) A debtor that is an organization and has only one place of business is located at its place of business.

(3) A debtor that is an organization and has more than one place of business is located at its chief executive office. (

b) A claim in the nature of a claim under this

chapter is governed by the local law of the jurisdiction in which the debtor is located when the transfer is made or the obligation is incurred.

Document details

CollectionCalifornia Bills
CitationAB 1473
Date2025-02-21
Typebill
Languageen
SourceCA_BILL
Identifier20250AB147399INT
Voidable transactions: remedies: choice of law. | CaseLite