CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1473Introduced by Assembly Member EssayliFebruary 21, 2025 An act to amend Section 3439.10 of the Civil Code, relating to civil law. LEGISLATIVE COUNSEL'S DIGESTAB 1473, as introduced, Essayli. 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 debtors location, if the debtor is an individual, is 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.
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1473Introduced by Assembly Member EssayliFebruary 21, 2025 An act to amend Section 3439.10 of the Civil Code, relating to civil law. LEGISLATIVE COUNSEL'S DIGESTAB 1473, as introduced, Essayli. 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 debtors location, if the debtor is an individual, is 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
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Assembly Bill
No. 1473
Introduced by Assembly Member EssayliFebruary 21, 2025
Introduced by Assembly Member Essayli
February 21, 2025
An act to amend Section 3439.10 of the Civil Code, relating to civil law.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1473, as introduced, Essayli. 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 debtors location, if the debtor is an individual, is 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.
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 debtors location, if the debtor is an individual, is 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
## Bill Text
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.
The people of the State of California do enact as follows:
## 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.
SECTION 1. Section 3439.10 of the Civil Code is amended to read:
### SECTION 1.
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.
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.
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.
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.