California 2019-2020 Regular Session

California Assembly Bill AB513 Compare Versions

Only one version of the bill is available at this time.

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1	1	CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 513Introduced by Assembly Member GallagherFebruary 13, 2019 An act to amend Section 3439.10 of the Civil Code, relating to civil law. LEGISLATIVE COUNSEL'S DIGESTAB 513, as introduced, Gallagher. The Uniform Voidable Transactions Act.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 claim under the act 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 debtors location, if the debtor is an individual, is located at the individuals principal residence.This bill would instead provide that a debtors location, if the debtor is an individual, is the debtors principal residence or domicile.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 3439.10 of the Civil Code is amended to read:3439.10. (a) In this section, the following rules determine a debtors location:(1) A debtor who is an individual is located at the individuals principal residence. 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.
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3	3	CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 513Introduced by Assembly Member GallagherFebruary 13, 2019 An act to amend Section 3439.10 of the Civil Code, relating to civil law. LEGISLATIVE COUNSEL'S DIGESTAB 513, as introduced, Gallagher. The Uniform Voidable Transactions Act.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 claim under the act 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 debtors location, if the debtor is an individual, is located at the individuals principal residence.This bill would instead provide that a debtors location, if the debtor is an individual, is the debtors principal residence or domicile.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
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9	9	CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
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11	11	Assembly Bill No. 513
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13	13	Introduced by Assembly Member GallagherFebruary 13, 2019
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15	15	Introduced by Assembly Member Gallagher
16	16	February 13, 2019
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18	18	An act to amend Section 3439.10 of the Civil Code, relating to civil law.
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20	20	LEGISLATIVE COUNSEL'S DIGEST
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22	22	## LEGISLATIVE COUNSEL'S DIGEST
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24	24	AB 513, as introduced, Gallagher. The Uniform Voidable Transactions Act.
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26	26	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 claim under the act 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 debtors location, if the debtor is an individual, is located at the individuals principal residence.This bill would instead provide that a debtors location, if the debtor is an individual, is the debtors principal residence or domicile.
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28	28	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 claim under the act 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 debtors location, if the debtor is an individual, is located at the individuals principal residence.
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30	30	This bill would instead provide that a debtors location, if the debtor is an individual, is the debtors principal residence or domicile.
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32	32	## Digest Key
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34	34	## Bill Text
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36	36	The people of the State of California do enact as follows:SECTION 1. Section 3439.10 of the Civil Code is amended to read:3439.10. (a) In this section, the following rules determine a debtors location:(1) A debtor who is an individual is located at the individuals principal residence. 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.
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38	38	The people of the State of California do enact as follows:
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40	40	## The people of the State of California do enact as follows:
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42	42	SECTION 1. Section 3439.10 of the Civil Code is amended to read:3439.10. (a) In this section, the following rules determine a debtors location:(1) A debtor who is an individual is located at the individuals principal residence. 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.
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44	44	SECTION 1. Section 3439.10 of the Civil Code is amended to read:
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46	46	### SECTION 1.
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48	48	3439.10. (a) In this section, the following rules determine a debtors location:(1) A debtor who is an individual is located at the individuals principal residence. 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.
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50	50	3439.10. (a) In this section, the following rules determine a debtors location:(1) A debtor who is an individual is located at the individuals principal residence. 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.
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52	52	3439.10. (a) In this section, the following rules determine a debtors location:(1) A debtor who is an individual is located at the individuals principal residence. 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.
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56	56	3439.10. (a) In this section, the following rules determine a debtors location:
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58	58	(1) A debtor who is an individual is located at the individuals principal residence. residence or domicile.
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60	60	(2) A debtor that is an organization and has only one place of business is located at its place of business.
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62	62	(3) A debtor that is an organization and has more than one place of business is located at its chief executive office.
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64	64	(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.