The Kentucky Uniform Voidable Transactions Act
In recent decision from the Kentucky Court of
Appeals, it discussed the application of Kentucky’s former law with respect to
fraudulent conveyances and the adoption, effective January 1, 2016, of the Uniform
Voidable Transactions Act, which has now been codified at KRS ch. 378A. Orchard v. Western Energy Production, LP,
No. 2019-CA-000066-MR, 2019 WL 5293489 (Ky. App. Oct. 18, 2019).
With respect to the application of fraudulent
conveyance law, the transfers at issue took place on August 25, 2015. Obviously
that date predates the effective date of the Kentucky Uniform Voidable Transactions
Act.. Relying in part upon in re Licking
River Mining, LLC v. Monday Coal, LLC, 571 B.R. 241, 245 N.3 (Bankr. E.D. Ky.
2017), it was held that the former fraudulent conveyance law, and specifically
KRS § 378.010, would apply to the allegedly improper transactions.
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