reglab/housing_qa huggingface dataset:
IA Code § 682.5 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 682 - STRUCTURED SETTLEMENT PROTECTION|Section 682.5 - Effects of transfer of structured settlement payment rights.

682.5 Effects of transfer of structured settlement payment rights.   1. The structured settlement obligor and the annuity issuer shall, as to all parties except the transferee, be discharged and released from any and all liability for the transferred payments.   2. The transferee shall be liable to the structured settlement obligor and the annuity issuer for all of the following:   a. If the transfer contravenes the terms of the structured settlement, any taxes incurred by the structured settlement obligor and the annuity issuer as a consequence of the transfer.   b. Any other liabilities or costs, including reasonable costs and attorney fees, arising from compliance by such parties with the order of the court or responsible administrative authority or arising as a consequence of the transferee’s failure to comply with this chapter.   3. An annuity issuer and the structured settlement obligor shall not be required to divide any periodic payment between the payee and any transferee or assignee or between two or more transferees or assignees.   4. Any further transfer of structured settlement payment rights by the payee may be made only after compliance with all of the requirements of this chapter.  2001 Acts, ch 85, §5, 8
IA Code § 682.6 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 682 - STRUCTURED SETTLEMENT PROTECTION|Section 682.6 - Procedure for approval of transfers.

682.6 Procedure for approval of transfers.   1. An application under this chapter for approval of a transfer of structured settlement payment rights shall be made by the transferee and may be brought in the county in which the payee resides, in the county in which the structured settlement obligor or the annuity issuer maintains its principal place of business, or in any court or before any responsible administrative authority which approved the structured settlement agreement.   2. Not less than twenty days prior to the scheduled hearing on any application for approval of a transfer of structured settlement payment rights under section 682.4, the transferee shall file with the court or responsible administrative authority and serve on all interested parties a notice of the proposed transfer and the application for its authorization. All of the following shall be included with the notice:   a. A copy of the transferee’s application.   b. A copy of the transfer agreement.   c. A copy of the disclosure statement required under section 682.3.   d. A listing of each of the payee’s dependents, together with each dependent’s age.   e. Notification that any interested party is entitled to support, oppose, or otherwise respond to the transferee’s application, either in person or by counsel, by submitting written comments to the court or responsible administrative authority, or by participating in the hearing.   f. Notification of the time and place of the hearing and notification of the manner in which and the time by which written responses to the application must be filed, which shall not be less than fifteen days after service of the transferee’s notice, in order to be considered by the court or responsible administrative authority.   3. If a structured settlement agreement or transfer agreement includes a provision requiring the terms of the structured settlement agreement or transfer agreement to remain confidential, the financial terms of the structured settlement agreement and the transfer agreement shall be made available to the court or responsible administrative authority for purposes of any in camera proceedings, but shall not be disclosed in the copies of the transfer agreement and disclosure statement filed as a part of the public record.  2001 Acts, ch 85, §6, 8
IA Code § 682.7 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 682 - STRUCTURED SETTLEMENT PROTECTION|Section 682.7 - General provisions — construction — penalties.

682.7 General provisions — construction — penalties.   1. The provisions of this chapter shall not be waived by a payee.   2. A transfer agreement entered into on or after the thirtieth day after July 1, 2001, by a payee who resides in this state shall provide that disputes under the transfer agreement, including any claim that the payee has breached the agreement, shall be determined under the laws of this state. A transfer agreement shall not authorize the transferee or any other party to confess judgment or consent to entry of judgment against the payee.   3. A transfer of structured settlement payment rights shall not extend to any payments that are life-contingent unless, prior to the date on which the payee signs the transfer agreement, the transferee has established and has agreed to maintain procedures reasonably satisfactory to the annuity issuer and the structured settlement obligor for both of the following:   a. Periodically confirming the payee’s survival.   b. Giving the annuity issuer and the structured settlement obligor prompt written notice in the event of the payee’s death.   4. A payee who proposes to make a transfer of structured settlement payment rights shall not incur any penalty, forfeit any application fee or other payment, or otherwise incur any liability to the proposed transferee or any assignee based on any failure of the transfer to satisfy the conditions of this chapter.   5. This chapter shall not be construed to authorize any transfer of structured settlement payment rights in contravention of any law or to imply that any transfer under a transfer agreement entered into prior to July 1, 2001, is valid or invalid.   6. Compliance with the requirements set forth in section 682.3 and fulfillment of the conditions set forth in section 682.4 shall be solely the responsibility of the transferee in any transfer of structured settlement payment rights, and neither the structured settlement obligor nor the annuity issuer shall bear any responsibility for, or any liability arising from, noncompliance with the requirements or failure to fulfill the conditions.  2001 Acts, ch 85, §7
IA Code § 684.2 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 684 - VOIDABLE TRANSACTIONS|Section 684.2 - Insolvency.

684.2 Insolvency.   1. A debtor is insolvent if, at a fair valuation, the sum of the debtor’s debts is greater than the sum of the debtor’s assets.   2. A debtor that is generally not paying the debtor’s debts as they become due other than as a result of a bona fide dispute is presumed to be insolvent. The presumption imposes on the party against which the presumption is directed the burden of proving that the nonexistence of insolvency is more probable than its existence.   3. Assets under this section do not include property that has been transferred, concealed, or removed with intent to hinder, delay, or defraud creditors or that has been transferred in a manner making the transfer voidable under this chapter.   4. Debts under this section do not include an obligation to the extent it is secured by a valid lien on property of the debtor not included as an asset.  94 Acts, ch 1121, §6; 2016 Acts, ch 1040, §2, 15  Referred to in §684.5  2016 amendment applies to a transfer made or an obligation incurred, as provided in §684.6, on or after July 1, 2016;  2016 Acts, ch 1040, §15
IA Code § 684.3 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 684 - VOIDABLE TRANSACTIONS|Section 684.3 - Value.

684.3 Value.   1. Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of the promisor’s business to furnish support to the debtor or another person.   2. For the purposes of section 684.4, subsection 1, paragraph “b”, and section 684.5, a person gives a reasonably equivalent value if the person acquires an interest of the debtor in an asset pursuant to a regularly conducted, noncollusive foreclosure sale or execution of a power of sale for the acquisition or disposition of the interest of the debtor upon default under a mortgage, deed of trust, or security agreement.   3. A transfer is made for present value if the exchange between the debtor and the transferee is intended by them to be contemporaneous and is in fact substantially contemporaneous.  94 Acts, ch 1121, §7
IA Code § 684.4 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 684 - VOIDABLE TRANSACTIONS|Section 684.4 - Transfer or obligation voidable as to present or future creditor.

684.4 Transfer or obligation voidable as to present or future creditor.   1. A transfer made or obligation incurred by a debtor is voidable as to a creditor, whether the creditor’s claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation under any of the following circumstances:   a. With actual intent to hinder, delay, or defraud any creditor of the debtor.   b. Without receiving a reasonably equivalent value in exchange for the transfer or obligation, if either of the following applies:   (1) The debtor was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction.   (2) The debtor intended to incur, or believed or reasonably should have believed that the debtor would incur, debts beyond the debtor’s ability to pay as they became due.   2. In determining actual intent under subsection 1, paragraph “a”, consideration may be given, among other factors, to whether any or all of the following apply:   a. The transfer or obligation was to an insider.   b. The debtor retained possession or control of the property transferred after the transfer.   c. The transfer or obligation was disclosed or concealed.   d. Before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit.   e. The transfer was of substantially all the debtor’s assets.   f. The debtor absconded.   g. The debtor removed or concealed assets.   h. The value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred.   i. The debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred.   j. The transfer occurred shortly before or shortly after a substantial debt was incurred.   k. The debtor transferred the essential assets of the business to a lienor that transferred the assets to an insider of the debtor.   3. A creditor making a claim for relief under subsection 1 has the burden of proving the elements of the claim for relief by a preponderance of the evidence.  94 Acts, ch 1121, §8; 2016 Acts, ch 1040, §3, 15  Referred to in §684.3, 684.8, 684.9  2016 amendment applies to a transfer made or an obligation incurred, as provided in §684.6, on or after July 1, 2016;  2016 Acts, ch 1040, §15
IA Code § 684.5 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 684 - VOIDABLE TRANSACTIONS|Section 684.5 - Transfer or obligation voidable as to present creditor.

684.5 Transfer or obligation voidable as to present creditor.   1. A transfer made or obligation incurred by a debtor is voidable as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange for the transfer or obligation and the debtor was insolvent at that time or the debtor became insolvent as a result of the transfer or obligation.   2. A transfer made by a debtor is voidable as to a creditor whose claim arose before the transfer was made if the transfer was made to an insider for an antecedent debt, the debtor was insolvent at that time, and the insider had reasonable cause to believe that the debtor was insolvent.   3. Subject to section 684.2, subsection 2, a creditor making a claim for relief under subsection 1 or 2 has the burden of proving the elements of the claim for relief by a preponderance of the evidence.  94 Acts, ch 1121, §9; 2016 Acts, ch 1040, §4, 15  Referred to in §684.3, 684.8, 684.9  2016 amendment applies to a transfer made or an obligation incurred, as provided in §684.6, on or after July 1, 2016;  2016 Acts, ch 1040, §15
IA Code § 684.6 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 684 - VOIDABLE TRANSACTIONS|Section 684.6 - When transfer is made or obligation is incurred.

684.6 When transfer is made or obligation is incurred.   For the purposes of this chapter:   1. A transfer is made under either of the following circumstances:   a. With respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, when the transfer is so far perfected that a good-faith purchaser of the asset from the debtor against which applicable law permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the interest of the transferee.   b. With respect to an asset that is not real property or that is a fixture, when the transfer is so far perfected that a creditor on a simple contract cannot acquire a judicial lien otherwise than under this chapter that is superior to the interest of the transferee.   2. If applicable law permits the transfer to be perfected as provided in subsection 1 and the transfer is not so perfected before the commencement of an action for relief under this chapter, the transfer is deemed made immediately before the commencement of the action.   3. If applicable law does not permit the transfer to be perfected as provided in subsection 1, the transfer is made when it becomes effective between the debtor and the transferee.   4. A transfer is not made until the debtor has acquired rights in the asset transferred.   5. An obligation is incurred under either of the following circumstances:   a. If oral, when it becomes effective between the parties.   b. If evidenced by a record, when the record signed by the obligor is delivered to or for the benefit of the obligee.  94 Acts, ch 1121, §10; 2016 Acts, ch 1040, §5, 6, 15  2016 amendments to subsection 1, paragraph a, and subsection 5, paragraph b, apply to a transfer made or an obligation incurred, as provided in this section, on or after July 1, 2016;  2016 Acts, ch 1040, §15
IA Code § 684.7 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 684 - VOIDABLE TRANSACTIONS|Section 684.7 - Remedies of creditors.

684.7 Remedies of creditors.   1. In an action for relief against a transfer or obligation under this chapter, a creditor, subject to the limitations in section 684.8, may obtain any of the following:   a. Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor’s claim.   b. An attachment or other provisional remedy against the asset transferred or other property of the transferee if available under applicable law.   c. Subject to applicable principles of equity and in accordance with applicable rules of civil procedure, any of the following:   (1) An injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property.   (2) Appointment of a receiver to take charge of the asset transferred or of other property of the transferee.   (3) Any other relief the circumstances may require.   2. If a creditor has obtained a judgment on a claim against the debtor, the creditor, if the court so orders, may levy execution on the asset transferred or its proceeds.  94 Acts, ch 1121, §11; 2016 Acts, ch 1040, §7, 15  Referred to in §684.8  2016 amendment to subsection 1, paragraph b, applies to a transfer made or an obligation incurred, as provided in §684.6, on or after July 1, 2016;  2016 Acts, ch 1040, §15
IA Code § 684.9 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 684 - VOIDABLE TRANSACTIONS|Section 684.9 - Extinguishment of claim for relief.

684.9 Extinguishment of claim for relief.   A claim for relief with respect to a transfer or obligation under this chapter is extinguished unless action is brought as follows:   1. Under section 684.4, subsection 1, paragraph “a”, not later than four years after the transfer was made or the obligation was incurred or, if later, not later than one year after the transfer or obligation was or could reasonably have been discovered by the claimant.   2. Under section 684.4, subsection 1, paragraph “b”, or section 684.5, subsection 1, not later than four years after the transfer was made or the obligation was incurred.   3. Under section 684.5, subsection 2, not later than one year after the transfer was made.  94 Acts, ch 1121, §13; 2016 Acts, ch 1040, §9, 15  2016 amendment applies to a transfer made or an obligation incurred, as provided in §684.6, on or after July 1, 2016;  2016 Acts, ch 1040, §15
IA Code § 684.10 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 684 - VOIDABLE TRANSACTIONS|Section 684.10 - Governing law.

684.10 Governing law.   1. In this section, a debtor’s location is determined as follows:   a. A debtor who is an individual is located at the individual’s principal residence.   b. A debtor that is an organization and has only one place of business is located at its place of business.   c. A debtor that is an organization and has more than one place of business is located at its chief executive office.   2. A claim for relief in the nature of a claim for relief 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.  2016 Acts, ch 1040, §10, 14, 15  Former §684.10 transferred to §684.12;  2016 Acts, ch 1040, §14  Section applies to a transfer made or an obligation incurred, as provided in §684.6, on or after July 1, 2016;  2016 Acts, ch 1040, §15
IA Code § 684.11 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 684 - VOIDABLE TRANSACTIONS|Section 684.11 - Application to series organization.

684.11 Application to series organization.   1. As used in this section:   a. “Protected series” means an arrangement, however denominated, created by a series organization that, pursuant to the law under which the series organization is organized, has the characteristics set forth in paragraph “b”.   b. “Series organization” means an organization that, pursuant to the law under which it is organized, has the following characteristics:   (1) The organic record of the organization provides for creation by the organization of one or more protected series, however denominated, with respect to specified property of the organization, and for records to be maintained for each protected series that identify the property of or associated with the protected series.   (2) Debt incurred or existing with respect to the activities of, or property of or associated with, a particular protected series is enforceable against the property of or associated with the protected series only, and not against the property of or associated with the organization or other protected series of the organization.   (3) Debt incurred or existing with respect to the activities or property of the organization is enforceable against the property of the organization only, and not against the property of or associated with a protected series of the organization.   2. A series organization and each protected series of the organization is a separate person for purposes of this chapter, even if for other purposes a protected series is not a person separate from the organization or other protected series of the organization.  2016 Acts, ch 1040, §11, 14, 15  Former §684.11 transferred to §684.13;  2016 Acts, ch 1040, §14  Section applies to a transfer made or an obligation incurred, as provided in §684.6, on or after July 1, 2016;  2016 Acts, ch 1040, §15
IA Code § 684.12 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 684 - VOIDABLE TRANSACTIONS|Section 684.12 - Supplementary provisions.

684.12 Supplementary provisions.   Unless displaced by the provisions of this chapter, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cause, supplement its provisions.  94 Acts, ch 1121, §14  C95, §684.10  2016 Acts, ch 1040, §14, 15  C2017, §684.12  Former §684.12 transferred to §684.15;  2016 Acts, ch 1040, §14
IA Code § 684.13 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 684 - VOIDABLE TRANSACTIONS|Section 684.13 - Uniformity of application and construction.

684.13 Uniformity of application and construction.   This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.  94 Acts, ch 1121, §15  C95, §684.11  2016 Acts, ch 1040, §14, 15  C2017, §684.13
IA Code § 684.14 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 684 - VOIDABLE TRANSACTIONS|Section 684.14 - Relation to Electronic Signatures in Global and National Commerce Act.

684.14 Relation to Electronic Signatures in Global and National Commerce Act.   This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §7001 et seq., but does not modify, limit, or supersede section 101(c) of that Act, 15 U.S.C. §7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that Act, 15 U.S.C. §7003(b).  2016 Acts, ch 1040, §12, 14, 15  Section applies to a transfer made or an obligation incurred, as provided in §684.6, on or after July 1, 2016;  2016 Acts, ch 1040, §15
IA Code § 684.15 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 684 - VOIDABLE TRANSACTIONS|Section 684.15 - Short title.

684.15 Short title.   This chapter, which was formerly cited as the “Uniform Fraudulent Transfer Act”, may be cited as the “Iowa Uniform Voidable Transactions Act”.  94 Acts, ch 1121, §16  C95, §684.12  2016 Acts, ch 1040, §13 – 15  C2017, §684.15  2016 amendment applies to a transfer made or an obligation incurred, as provided in §684.6, on or after July 1, 2016;  2016 Acts, ch 1040, §15
IA Code § 684A.1 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 684A - QUESTIONS OF LAW IN SUPREME COURT CERTIFIED|Section 684A.1 - Power to answer.

684A.1 Power to answer.   The supreme court may answer questions of law certified to it by the supreme court of the United States, a court of appeals of the United States, a United States district court or the highest appellate court or the intermediate appellate court of another state, when requested by the certifying court, if there are involved in a proceeding before it questions of law of this state which may be determinative of the cause then pending in the certifying court and as to which it appears to the certifying court there is no controlling precedent in the decisions of the appellate courts of this state.  [C81, §684A.1]  Referred to in §684A.2
IA Code § 684A.2 (2021)
2021 Iowa Code|Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES|Chapter 684A - QUESTIONS OF LAW IN SUPREME COURT CERTIFIED|Section 684A.2 - Method of invoking.

684A.2 Method of invoking.   This chapter may be invoked by an order of a court referred to in section 684A.1 upon the court’s own motion or upon the motion of a party to the cause.  [C81, §684A.2]