reglab/housing_qa huggingface dataset:
WV Code § 40-1A-2 (2021)
2021 West Virginia Code|Chapter 40. Acts Void as to Creditors and Purchasers|Article 1A. Uniform Fraudulent Transfers Act|§40-1A-2. Insolvency

(a) A debtor is insolvent if the sum of the debtor’s debts is greater than all of the debtor’s assets at a fair valuation.(b) A debtor who is generally not paying his or her 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.(c) A partnership is insolvent under subsection (a) of this section if the sum of the partnership’s debts is greater than the aggregate, at a fair valuation, of all the partnership’s assets and the sum of the excess of the value of each general partner’s nonpartnership assets over the partner’s nonpartnership debts.(d) 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 article.(e) 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.
WV Code § 40-1A-3 (2021)
2021 West Virginia Code|Chapter 40. Acts Void as to Creditors and Purchasers|Article 1A. Uniform Fraudulent Transfers Act|§40-1A-3. Value

(a) 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.(b) For the purposes of subdivision (2), subsection(a), section four, and subsection (a), section five, all of this article, 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.(c) 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.
WV Code § 40-1A-4 (2021)
2021 West Virginia Code|Chapter 40. Acts Void as to Creditors and Purchasers|Article 1A. Uniform Fraudulent Transfers Act|§40-1A-4. Transfers Fraudulent as to Present and Future Creditors

(a) A transfer made or obligation incurred by a debtor is fraudulent 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:(1) With actual intent to hinder, delay or defraud any creditor of the debtor; or(2) Without receiving a reasonably equivalent value in exchange for the transfer or obligation and the debtor:(i) 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; or(ii) Intended to incur, or believed or reasonably should have believed that he or she would incur, debts beyond his or her ability to pay as they became due.(b) In determining actual intent under subdivision (1), subsection (a) of this section, consideration may be given, among other factors, to whether:(1) The transfer or obligation was to an insider;(2) The debtor retained possession or control of the property transferred after the transfer;(3) The transfer or obligation was disclosed or concealed;(4) Before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit;(5) The transfer was of substantially all the debtor’s assets;(6) The debtor absconded;(7) The debtor removed or concealed assets;(8) 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;(9) The debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred;(10) The transfer occurred shortly before or shortly after a substantial debt was incurred; and(11) The debtor transferred the essential assets of the business to a lienor who transferred the assets to an insider of the debtor.(c) A creditor making a claim for relief under subsection (a) of this section has the burden of proving the elements of the claim for relief by a preponderance of the evidence.
WV Code § 40-1A-5 (2021)
2021 West Virginia Code|Chapter 40. Acts Void as to Creditors and Purchasers|Article 1A. Uniform Fraudulent Transfers Act|§40-1A-5. Transfers Fraudulent as to Present Creditors

(a) A transfer made or obligation incurred by a debtor is fraudulent 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.(b) A transfer made by a debtor is fraudulent 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.(c) Subject to the provisions of §40-1A-2(b) of this code, a creditor making a claim for relief under subsection (a) or (b) of this section has the burden of proving the elements of the claim for relief by a preponderance of the evidence.
WV Code § 40-1A-6 (2021)
2021 West Virginia Code|Chapter 40. Acts Void as to Creditors and Purchasers|Article 1A. Uniform Fraudulent Transfers Act|§40-1A-6. When Transfer Is Made or Obligation Is Incurred

For the purposes of this article:(a) A transfer is made:(1) 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 whom applicable law permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the interest of the transferee; and(2) 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 article that is superior to the interest of the transferee;(b) If applicable law permits the transfer to be perfected as provided in subdivision (a) of this subsection and the transfer is not so perfected before the commencement of an action for relief under this article, the transfer is considered made immediately before the commencement of this action;(c) If applicable law does not permit the transfer to be perfected as provided in subdivision (a) of this subsection, the transfer is made when it becomes effective between the debtor and the transferee; and(d) A transfer is not made until the debtor has acquired rights in the asset transferred and an obligation is incurred. (e) If the obligation incurred is oral, a transfer is made when the obligation becomes effective. If the obligation incurred is evidenced by a writing, the obligation becomes effective when the writing is delivered to or for the benefit of the obligee.
WV Code § 40-1A-7 (2021)
2021 West Virginia Code|Chapter 40. Acts Void as to Creditors and Purchasers|Article 1A. Uniform Fraudulent Transfers Act|§40-1A-7. Remedies of Creditors

(a) In an action for relief against a transfer or obligation under this article, a creditor, subject to the limitations in section eight of this article, may obtain:(1) Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor's claim;(2) An attachment or other provisional remedy against the asset transferred or other property of the transferee;(3) Subject to applicable principles of equity and in accordance with applicable rules of civil procedure:(i) An injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property;(ii) Appointment of a receiver to take charge of the asset transferred or of other property of the transferee; or(iii) Any other relief the circumstances may require.(b) 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.
WV Code § 40-1A-9 (2021)
2021 West Virginia Code|Chapter 40. Acts Void as to Creditors and Purchasers|Article 1A. Uniform Fraudulent Transfers Act|§40-1A-9. Extinguishment of Claim for Relief, Cause of Action

A cause of action with respect to a fraudulent transfer or obligation under this article is extinguished unless action is brought:(a) Under subdivision (1), subsection (a), section four of this article, within four years after the transfer was made or the obligation was incurred or, if later, within one year after the transfer or obligation was or could reasonably have been discovered by the claimant;(b) Under subdivision (2), subsection (a), section four or subsection (a), section five of this article, within four years after the transfer was made or the obligation was incurred; or(c) Under subsection (b), section five of this article, within one year after the transfer was made or the obligation was incurred.
WV Code § 40-1A-10 (2021)
2021 West Virginia Code|Chapter 40. Acts Void as to Creditors and Purchasers|Article 1A. Uniform Fraudulent Transfers Act|§40-1A-10. Supplementary Provisions

Unless displaced by the provisions of this article, 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.
WV Code § 40-1A-11 (2021)
2021 West Virginia Code|Chapter 40. Acts Void as to Creditors and Purchasers|Article 1A. Uniform Fraudulent Transfers Act|§40-1A-11. Uniformity of Application and Construction

This article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this article among states enacting it.
WV Code § 40-1A-12 (2021)
2021 West Virginia Code|Chapter 40. Acts Void as to Creditors and Purchasers|Article 1A. Uniform Fraudulent Transfers Act|§40-1A-12. Short Title

This article may be cited as the "Uniform Fraudulent Transfers Act."
WV Code § 40-1A-13 (2021)
2021 West Virginia Code|Chapter 40. Acts Void as to Creditors and Purchasers|Article 1A. Uniform Fraudulent Transfers Act|§40-1A-13. Governing Law

(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.(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 for relief in the nature of a claim for relief under this article 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.
WV Code § 40-1A-14 (2021)
2021 West Virginia Code|Chapter 40. Acts Void as to Creditors and Purchasers|Article 1A. Uniform Fraudulent Transfers Act|§40-1A-14. Application to and Recognition of a Foreign Series Organization

(a) In this section:“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 the definition of a series organization in §40-1A-14 of this code.“Series organization” means an organization that, pursuant to the law under which it is organized, has the following characteristics:(A) 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.(B) 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.(C) 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.(b) A series organization and each protected series of the organization is a separate person for purposes of this article even if for other purposes a protected series is not a person separate from the organization or other protected series of the organization.(c) A series organization includes a foreign series limited liability company, or one or more protected series thereof, which is organized as a series organization under the laws of another state or jurisdiction, and shall be recognized as a foreign series limited liability company in this state pursuant to, and in compliance with the provisions of §31B-10-1 et seq. of this code.
WV Code § 40-1A-15 (2021)
2021 West Virginia Code|Chapter 40. Acts Void as to Creditors and Purchasers|Article 1A. Uniform Fraudulent Transfers Act|§40-1A-15. Relation to Electronic Signatures in Global and National Commerce Act

This article modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).
WV Code § 40-2-1 (2021)
2021 West Virginia Code|Chapter 40. Acts Void as to Creditors and Purchasers|Article 2. Sale of Merchandise or Fixtures in Bulk|§40-2-1. To 40-2-6

Repealed.Acts, 1963 Reg. Sess., Ch. 193.
WV Code § 40-3-1 (2021)
2021 West Virginia Code|Chapter 40. Acts Void as to Creditors and Purchasers|Article 3. Conditional Sales|§40-3-1. To 40-3-32

Repealed.Acts, 1963 Reg. Sess., Ch. 193.
WV Code § 41-1-1 (2021)
2021 West Virginia Code|Chapter 41. Wills|Article 1. Capacity to Make; Requisites; Validity|§41-1-1. Who May Make Will and as to What Property

Every person not prohibited by the following section may, by will, dispose of any estate to which he shall be entitled at his death, and which, if not so disposed of, would devolve upon his heirs, personal representative, or next of kin. The power hereby given shall extend to any estate, right, or interest, to which the testator may be entitled at his death, notwithstanding he may become so entitled after the execution of the will.
WV Code § 41-1-2 (2021)
2021 West Virginia Code|Chapter 41. Wills|Article 1. Capacity to Make; Requisites; Validity|§41-1-2. Who May Not Make Will

No person of unsound mind, or under the age of eighteen years, shall be capable of making a will.
WV Code § 41-1-3 (2021)
2021 West Virginia Code|Chapter 41. Wills|Article 1. Capacity to Make; Requisites; Validity|§41-1-3. Must Be in Writing; Witnesses

No will shall be valid unless it be in writing and signed by the testator, or by some other person in his presence and by his direction, in such manner as to make it manifest that the name is intended as a signature; and moreover, unless it be wholly in the handwriting of the testator, the signature shall be made or the will acknowledged by him in the presence of at least two competent witnesses, present at the same time; and such witnesses shall subscribe the will in the presence of the testator, and of each other, but no form of attestation shall be necessary.
WV Code § 41-1-4 (2021)
2021 West Virginia Code|Chapter 41. Wills|Article 1. Capacity to Make; Requisites; Validity|§41-1-4. Execution of Power of Appointment

No appointment made by will, in the exercise of any power, shall be valid unless the same be so executed that it would be valid for the disposition of the property to which the power applies, if it belonged to the testator; and every will so executed shall be a valid execution of a power of appointment by will, notwithstanding the instrument creating the power expressly requires that a will made in execution of such power shall be executed with some additional or other form of execution or solemnity.
WV Code § 41-1-5 (2021)
2021 West Virginia Code|Chapter 41. Wills|Article 1. Capacity to Make; Requisites; Validity|§41-1-5. Wills of Personal Estate by Soldiers, Sailors or Nonresidents

Notwithstanding the two preceding sections, a soldier being in actual military service, or a mariner or seaman being at sea, may dispose of his personal estate as he might heretofore have done; and the will of a person domiciled out of this state at the time of his death shall be valid as to his personal property in this state, if it be executed according to the law of the state or country in which he was so domiciled.
WV Code § 41-1-6 (2021)
2021 West Virginia Code|Chapter 41. Wills|Article 1. Capacity to Make; Requisites; Validity|§41-1-6. Revocation by Divorce; No Revocation by Other Changes of Circumstances

(a) If after executing a will the testator is divorced or his marriage annulled, the divorce or annulment revokes any disposition or appointment of property made by the will to the former spouse, any provision conferring a general or special power of appointment on the former spouse, and any nomination of the former spouse as executor, trustee, conservator, or guardian, unless the will expressly provides otherwise. Property prevented from passing to a former spouse because of revocation by divorce or annulment passes as if the former spouse failed to survive the decedent, except that the provisions of section three, article three, chapter forty-one do not apply, and other provisions conferring some power or office on the former spouse are interpreted as if the spouse failed to survive the decedent. If provisions are revoked solely by this section, they are revived by testator's remarriage to the former spouse. For purposes of this section, divorce or annulment means any divorce or annulment which would exclude the spouse as a surviving spouse. A decree of separation which does not terminate the status of husband and wife is not a divorce for purposes of this section. No change of circumstances other than as described in this section revokes a will.(b) This section applies to all divorces, annulments or remarriages which become effective after June 5, 1992.
WV Code § 41-1-7 (2021)
2021 West Virginia Code|Chapter 41. Wills|Article 1. Capacity to Make; Requisites; Validity|§41-1-7. Revocation Generally

No will or codicil, or any part thereof, shall be revoked, unless under the preceding section, or by a subsequent will or codicil, or by some writing declaring an intention to revoke the same, and executed in the manner in which a will is required to be executed, or by the testator, or some person in his presence and by his direction, cutting, tearing, burning, obliterating, canceling or destroying the same, or the signature thereto, with the intent to revoke.
WV Code § 41-1-8 (2021)
2021 West Virginia Code|Chapter 41. Wills|Article 1. Capacity to Make; Requisites; Validity|§41-1-8. Revival After Revocation

No will or codicil, or any part thereof, which shall be in any manner revoked, shall, after being revoked, be revived otherwise than by the re-execution thereof, or by a codicil executed in the manner hereinbefore required, and then only to the extent to which an intention to re-revive the same is shown.
WV Code § 41-1-9 (2021)
2021 West Virginia Code|Chapter 41. Wills|Article 1. Capacity to Make; Requisites; Validity|§41-1-9. Effect of Subsequent Conveyance

No conveyance or other act subsequent to the execution of a will shall, unless it be an act by which the will is revoked as aforesaid, prevent its operation with respect to such interest in the estate comprised in the will as the testator may have power to dispose of by will at the time of his death.
WV Code § 41-1-10 (2021)
2021 West Virginia Code|Chapter 41. Wills|Article 1. Capacity to Make; Requisites; Validity|§41-1-10. On What Wills Chapter Operates; When Re-Executed Wills Deemed to Be Made

The validity and effect of wills executed prior to the time this code becomes effective shall be determined by the laws of this state in force at the time of their execution. Every will re-executed, or republished, or revived by any codicil, shall, for the purposes of this chapter, be deemed to have been made at the time at which the same shall be so re-executed, republished, or revived.
WV Code § 41-2-1 (2021)
2021 West Virginia Code|Chapter 41. Wills|Article 2. Competency of Witnesses|§41-2-1. Competency of Witnesses Who Are Beneficiaries

If a will be attested by a person to whom, or to whose wife or husband, any beneficial interest in any estate is thereby devised or bequeathed, if the will may not be otherwise proved such person shall be deemed a competent witness; but such devise or bequest shall be void, except that, if such witness would be entitled to any share of the estate of the testator, in case the will is not established, so much of his share shall be saved to him as shall not exceed the value of what is so devised or bequeathed. In case the will be contested any such attesting witness may, at the instance of any contestant, be required, either in court or by deposition, to testify as upon, and with the effect of, cross-examination; and the giving of such testimony or testimony in rebuttal thereto by such attesting witness, shall not, if the will be established or admitted to probate, affect in any manner the devise or bequest to such attesting witness, or to the wife or husband of such witness.
WV Code § 41-2-2 (2021)
2021 West Virginia Code|Chapter 41. Wills|Article 2. Competency of Witnesses|§41-2-2. Creditors May Be Witnesses

If a will charging any estate with debts be attested by a creditor, or the wife or husband of a creditor, whose debt is so charged, such creditor shall, notwithstanding, be admitted a witness for or against the will.
WV Code § 41-2-3 (2021)
2021 West Virginia Code|Chapter 41. Wills|Article 2. Competency of Witnesses|§41-2-3. Executor May Be Witness

No person shall, on account of his being executor of a will, be incompetent as a witness for or against the will.
WV Code § 41-3-1 (2021)
2021 West Virginia Code|Chapter 41. Wills|Article 3. Provisions as to Construction|§41-3-1. When Will Takes Effect

A will shall be construed, with reference to the estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.
WV Code § 41-3-2 (2021)
2021 West Virginia Code|Chapter 41. Wills|Article 3. Provisions as to Construction|§41-3-2. When Advancement Deemed Satisfaction of Devise or Bequest

A provision for or advancement to any person shall be deemed a satisfaction in whole or in part of a devise or bequest to such person, contained in a previous will, if it would be so deemed in case the devisee or legatee were the child of the testator; and whether he be a child or not, it shall be so deemed in all cases in which it shall appear from parol or other evidence to have been so intended.