reglab/housing_qa huggingface dataset:
DC Code § 28-3103 (2021)
2021 District of Columbia Code|Title 28 - Commercial Instruments and Transactions. [Enacted title]|Chapter 31 - Fraudulent Conveyances|§ 28-3103. 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. 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 sections 28-3104(a)(2) and 28-3105, 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.  (Feb. 9, 1996, D.C. Law 11-83, § 2, 42 DCR 6773.)  Prior Codifications 1981 Ed., § 28-3103. Cross References Attachment and garnishment, actions for fraudulent conveyance, see §§ 16-501 and 16-529. Landlord and tenant, fraudulent attornment, see § 42-3232. Editor's Notes Uniform Law: This section is based upon § 3 of the Uniform Fraudulent Transfer Act.
DC Code § 28-3104 (2021)
2021 District of Columbia Code|Title 28 - Commercial Instruments and Transactions. [Enacted title]|Chapter 31 - Fraudulent Conveyances|§ 28-3104. 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: (A) 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 (B) 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. (b) In determining actual intent under subsection (a)(1) 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.  (Feb. 9, 1996, D.C. Law 11-83, § 2, 42 DCR 6773.)  Prior Codifications 1981 Ed., § 28-3104. Section References This section is referenced in § 28-3103, § 28-3108, and § 28-3109. Editor's Notes Uniform Law: This section is based upon § 4 of the Uniform Fraudulent Transfer Act.
DC Code § 28-3105 (2021)
2021 District of Columbia Code|Title 28 - Commercial Instruments and Transactions. [Enacted title]|Chapter 31 - Fraudulent Conveyances|§ 28-3105. 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.  (Feb. 9, 1996, D.C. Law 11-83, § 2, 42 DCR 6773.)  Prior Codifications 1981 Ed., § 28-3105. Section References This section is referenced in § 28-3103, § 28-3108, and § 28-3109. Editor's Notes Uniform Law: This section is based upon § 5 of the Uniform Fraudulent Transfer Act.
DC Code § 28-3106 (2021)
2021 District of Columbia Code|Title 28 - Commercial Instruments and Transactions. [Enacted title]|Chapter 31 - Fraudulent Conveyances|§ 28-3106. When transfer is made or obligation is incurred

For the purposes of this chapter: (1) A transfer is made: (A) With respect to an asset that is real property other than a fixture, 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 (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 paragraph (1) of this section 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 paragraph (1) of this section, 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: (A) If oral, when it becomes effective between the parties; or (B) If evidenced by a writing, when the writing executed by the obligor is delivered to, or for the benefit of, the obligee.  (Feb. 9, 1996, D.C. Law 11-83, § 2, 42 DCR 6773; Apr. 9, 1997, D.C. Law 11-255, § 27(c), 44 DCR 1271.)  Prior Codifications 1981 Ed., § 28-3106. Editor's Notes Uniform Law: This section is based upon § 6 of the Uniform Fraudulent Transfer Act.
DC Code § 28-3107 (2021)
2021 District of Columbia Code|Title 28 - Commercial Instruments and Transactions. [Enacted title]|Chapter 31 - Fraudulent Conveyances|§ 28-3107. Remedies of creditors

(a) In an action for relief against a transfer or obligation under this chapter, a creditor, subject to the limitations in section 28-3108, 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 in accordance with the procedure prescribed by sections 16-501 through 16-584; (3) Subject to applicable principles of equity and in accordance with applicable rules of civil procedure: (A) An injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property; (B) Appointment of a receiver to take charge of the asset transferred or of other property of the transferee; or (C) 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.  (Feb. 9, 1996, D.C. Law 11-83, § 2, 42 DCR 6773.)  Prior Codifications 1981 Ed., § 28-3107. Section References This section is referenced in § 28-3108. Editor's Notes Uniform Law: This section is based upon § 7 of the Uniform Fraudulent Transfer Act.
DC Code § 28-3108 (2021)
2021 District of Columbia Code|Title 28 - Commercial Instruments and Transactions. [Enacted title]|Chapter 31 - Fraudulent Conveyances|§ 28-3108. Defenses, liability, and protection of transferee

(a) A transfer or obligation is not voidable under section 28-3104(a)(1) against a person who took in good faith and for a reasonably equivalent value or against any subsequent transferee or obligee. (b) Except as otherwise provided in this section, to the extent a transfer is voidable in an action by a creditor under section 28-3107(a)(1), the creditor may recover judgment for the value of the asset transferred, as adjusted under subsection (c) of this section, or the amount necessary to satisfy the creditor’s claim, whichever is less. The judgment may be entered against: (1) The first transferee of the asset or the person for whose benefit the transfer was made; or (2) Any subsequent transferee other than a good-faith transferee or obligee who took for value or from any subsequent transferee or obligee. (c) If the judgment under subsection (b) of this section is based upon the value of the asset transferred, the judgment must be for an amount equal to the value of the asset at the time of the transfer, subject to adjustment as the equities may require. (d) Notwithstanding voidability of a transfer or an obligation under this chapter, a good-faith transferee or obligee is entitled, to the extent of the value given the debtor for the transfer or obligation, to: (1) A lien on, or a right to retain, any interest in the asset transferred; (2) Enforcement of any obligation incurred; or (3) A reduction in the amount of the liability on the judgment. (e) A transfer is not voidable under section 28-3104(a)(2) or section 28-3105 if the transfer results from: (1) Termination of a lease upon default by the debtor when the termination is pursuant to the lease and applicable law; or (2) Enforcement of a security interest in compliance with sections 28:9-101 through 28:9-507. (f) A transfer is not voidable under section 28-3105(b): (1) To the extent the insider gave new value to, or for the benefit of, the debtor after the transfer was made unless the new value was secured by a valid lien; (2) If made in the ordinary course of business or financial affairs of the debtor and the insider; or (3) If made pursuant to a good-faith effort to rehabilitate the debtor and the transfer secured present value given for that purpose as well as an antecedent debt of the debtor.  (Feb. 9, 1996, D.C. Law 11-83, § 2, 42 DCR 6773.)  Prior Codifications 1981 Ed., § 28-3108. Section References This section is referenced in § 28-3107. Editor's Notes Uniform Law: This section is based upon § 8 of the Uniform Fraudulent Transfer Act.
DC Code § 28-3109 (2021)
2021 District of Columbia Code|Title 28 - Commercial Instruments and Transactions. [Enacted title]|Chapter 31 - Fraudulent Conveyances|§ 28-3109. Extinguishment of cause of action

A cause of action with respect to a fraudulent transfer or obligation under this chapter is extinguished unless action is brought: (1) Under section 28-3104(a)(1), within 4 years after the transfer was made or the obligation was incurred or, if later, within 1 year after the transfer or obligation was, or could reasonably have been discovered by the claimant; (2) Under section 28-3104(a)(2) or section 28-3105(a), within 4 years after the transfer was made or the obligation was incurred; or (3) Under section 28-3105(b), within 1 year after the transfer was made or the obligation was incurred.  (Feb. 9, 1996, D.C. Law 11-83, § 2, 42 DCR 6773.)  Prior Codifications 1981 Ed., § 28-3109. Editor's Notes Uniform Law: This section is based upon § 9 of the Uniform Fraudulent Transfer Act.
DC Code § 28-3110 (2021)
2021 District of Columbia Code|Title 28 - Commercial Instruments and Transactions. [Enacted title]|Chapter 31 - Fraudulent Conveyances|§ 28-3110. Supplementary provisions

Unless displaced by the provisions of this chapter, the principles of law and equity, including the law merchant and the laws relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cause, supplement the provisions of this chapter.  (Feb. 9, 1996, D.C. Law 11-83, § 2, 42 DCR 6773.)  Prior Codifications 1981 Ed., § 28-3110. Editor's Notes Uniform Law: This section is based upon § 10 of the Uniform Fraudulent Transfer Act.
DC Code § 28-3111 (2021)
2021 District of Columbia Code|Title 28 - Commercial Instruments and Transactions. [Enacted title]|Chapter 31 - Fraudulent Conveyances|§ 28-3111. 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.  (Feb. 9, 1996, D.C. Law 11-83, § 2, 42 DCR 6773.)  Prior Codifications 1981 Ed., § 28-3111. Editor's Notes Uniform Law: This section is based upon § 11 of the Uniform Fraudulent Transfer Act.
DC Code § 28-3151 (2021)
2021 District of Columbia Code|Title 28 - Commercial Instruments and Transactions. [Enacted title]|Chapter 31A - Dishonored Checks|§ 28-3151. Definitions

For the purposes of this chapter, the term “merchant” means a person who does or would sell, lease, or transfer, either directly or indirectly, consumer goods or services, or a person who does or would supply the goods or services which are or would be the subject matter of a trade practice.  (May 12, 2006, D.C. Law 16-93, § 2, 53 DCR 1645; Mar. 25, 2009, D.C. Law 17-353, § 301, 56 DCR 1117.)  Effect of Amendments D.C. Law 17-353 added this section to Title 28, an enacted title of the District of Columbia Official Code.
DC Code § 28-3302 (2021)
2021 District of Columbia Code|Title 28 - Commercial Instruments and Transactions. [Enacted title]|Chapter 33 - Interest and Usury|§ 28-3302. Rate of interest not expressed and on judgments

(a) The rate of interest in the District upon the loan or forbearance of money, goods, or things in action in the absence of expressed contract, is 6% per annum. (b) Interest, when authorized by law, on judgments or decrees against the District of Columbia, or its officers, or its employees acting within the scope of their employment, is at the rate of not exceeding 4% per annum. (c) The rate of interest on judgments and decrees, where the judgment or decree is not against the District of Columbia, or its officers, or its employees acting within the scope of their employment or where the rate of interest is not fixed by contract, shall be 70% of the rate of interest set by the Secretary of the Treasury pursuant to section 6621 of the Internal Revenue Code of 1986, approved October 22, 1986 (100 Stat. 2744; 26 U.S.C. § 6621), for underpayments of tax to the Internal Revenue Service, rounded to the nearest full percent, or if exactly 1/2 of 1%, increased to the next highest full percent; provided, that a court of competent jurisdiction may lower the rate of interest under this subsection for good cause shown or upon a showing that the judgment debtor in good faith is unable to pay the judgment. In the case of the judgments entered prior to the effective date of the Consumer Credit Interest Rate Amendment Act of 1981, that are not satisfied until after the effective date of the Consumer Credit Interest Rate Amendment Act of 1981, the rate of interest thereon shall be the rate of interest prescribed in this subsection from the effective date of the Consumer Credit Interest Rate Amendment Act of 1981, until the date of satisfaction.  (Aug. 30, 1964, 78 Stat. 765, Pub. L. 88-509, § 1; Mar. 10, 1982, D.C. Law 4-70, § 2, 28 DCR 5236; June 4, 1982, D.C. Law 4-112, § 9, 29 DCR 1687; Dec. 16, 1987, D.C. Law 7-61, § 2, 34 DCR 7089; Mar. 9, 1988, D.C. Law 7-82, § 2, 34 DCR 8117.)  Prior Codifications 1981 Ed., § 28-3302. 1973 Ed., § 28-3302. Section References This section is referenced in § 2-359.09, § 31-1101, § 31-4450, § 32-509, and § 32-1204. Cross References Domestic life companies, merger or consolidation, dissenting shareholders, see § 31-4450. Family and medical leave, complaints, review, see § 32-509. Government procurement, remedies, interest, see § 2-359.09. Insurance premium finance companies, application of law, see § 31-1101. Money lenders, interest and charges, limitations, see § 26-901 et seq. Parental leave, administrative enforcement procedure, relief, see § 32-1204. Pawnbrokers, excessive consideration prohibited, see § 47-2884.10. References in Text The “Consumer Credit Interest Rate Amendment Act of 1981”, referred to throughout subsection (c), is D.C. Law 4-70.
DC Code § 28-3303 (2021)
2021 District of Columbia Code|Title 28 - Commercial Instruments and Transactions. [Enacted title]|Chapter 33 - Interest and Usury|§ 28-3303. Usury defined

If a person or corporation contracts in the District, (1) verbally, to pay a greater rate of interest than 6% per annum, or (2) in writing, to pay a greater rate than is permitted under section 28-3301, 28-3308, under Chapter 36 of this subtitle, or under § 26-301 et seq., the creditor shall forfeit the whole of the interest so contracted to be received. This section does not affect sections 26-901 to 26-912 .  (Aug. 30, 1964, 78 Stat. 675, Pub. L. 88-509, § 1; Dec. 17, 1971, 85 Stat. 665, Pub. L. 92-200, § 2; May 12, 1998, D.C. Law 12-111, § 25(a), 45 DCR 1782.)  Prior Codifications 1981 Ed., § 28-3303. 1973 Ed., § 28-3303. Cross References Institutions of higher education, pleading usury as a defense, see § 28-3315. Pawnbrokers, excessive consideration prohibited, see § 47-2884.10. References in Text Sections 26-901 to 26-912, referred to in the last paragraph of this section, refer to the Act of Feb. 4, 1913, as amended, and as translated to the 2001 edition. D.C. Law 18-378 amended and enacted into law Title 29.
DC Code § 28-3304 (2021)
2021 District of Columbia Code|Title 28 - Commercial Instruments and Transactions. [Enacted title]|Chapter 33 - Interest and Usury|§ 28-3304. Action to recover usury paid

If a person or corporation in the District directly or indirectly takes or receives a greater amount of interest than is declared by this chapter to be lawful, whether in advance or not, the person or corporation paying the same may within one year after the date of payment sue for and recover the amount of the unlawful interest so paid.  (Aug. 30, 1964, 78 Stat. 676, Pub. L. 88-509, § 1.)  Prior Codifications 1981 Ed., § 28-3304. 1973 Ed., § 28-3304.
DC Code § 28-3305 (2021)
2021 District of Columbia Code|Title 28 - Commercial Instruments and Transactions. [Enacted title]|Chapter 33 - Interest and Usury|§ 28-3305. Unlawful interest credited on principal debt

In an action upon a contract for the payment of money with interest at a rate forbidden by law, any payment of interest that may have been made on account of the contract is deemed to be payment made on account of the principal debt; and judgment shall be rendered for no more than the balance found due after deducting and properly crediting the interest so paid. A bona fide indorsee of negotiable paper purchased before due is not affected by any usury exacted by a former holder of the paper unless he had notice of the usury before his purchase.  (Aug. 30, 1964, 78 Stat. 676, Pub. L. 88-509, § 1.)  Prior Codifications 1981 Ed., § 28-3305. 1973 Ed., § 28-3305.
DC Code § 28-3306 (2021)
2021 District of Columbia Code|Title 28 - Commercial Instruments and Transactions. [Enacted title]|Chapter 33 - Interest and Usury|§ 28-3306. Parties compelled to testify

When in an action to recover a debt the defendant claims that payment of unlawful interest on the debt has been made to the plaintiff or those under whom he claims, which the defendant is entitled to have credited on the principal of the debt, the plaintiff or the party who received the unlawful interest may be examined as a witness to prove the payment, and may not be excused from testifying in relation thereto. A creditor who is made defendant in a proceeding for discovery as to payments of unlawful interest made to him may not be excused from answering.  (Aug. 30, 1964, 78 Stat. 676, Pub. L. 88-509, § 1.)  Prior Codifications 1981 Ed., § 28-3306. 1973 Ed., § 28-3306.
DC Code § 28-3307 (2021)
2021 District of Columbia Code|Title 28 - Commercial Instruments and Transactions. [Enacted title]|Chapter 33 - Interest and Usury|§ 28-3307. Council of the District of Columbia authorized to exempt certain mortgages and loans

The Council of the District of Columbia is authorized from time to time to provide by regulation for the exemption from the provisions of this chapter of any mortgage or loan insured or guaranteed under the National Housing Act or Chapter 37 of Title 38, United States Code, the interest rate of which is subject to regulation by an officer or agency of the Federal Government. The Council is further authorized to amend or repeal any such regulation at any time, but no such amendment or repeal shall affect any such loan or mortgage lawfully made or committed to be made while such exemption is in effect.  (Aug. 20, 1970, 84 Stat. 828, Pub. L. 91-385, § 2(a); Apr. 9, 1997, D.C. Law 11-255, § 27(d), 44 DCR 1271.)  Prior Codifications 1981 Ed., § 28-3307. 1973 Ed., § 28-3307. References in Text The National Housing Act, referred to in the first sentence of this section, is codified in 12 U.S.C. § 1701 et seq. Change in Government This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
DC Code § 28-3309 (2021)
2021 District of Columbia Code|Title 28 - Commercial Instruments and Transactions. [Enacted title]|Chapter 33 - Interest and Usury|§ 28-3309. Council of the District of Columbia authorized to exempt certain loans, and to change rates of interest

The Council of the District of Columbia is authorized from time to time to provide by regulation for (1) the exemption from the provisions of this chapter of any loan or financial transaction, and (2) the change of any interest rate specified in this chapter. The Council is further authorized to amend or repeal any such regulation at any time, but no such amendment or repeal relating to any exemption made under authority of this section shall affect any such loan or financial transaction lawfully made or entered into while such exemption is in effect.  (Dec. 29, 1973, 87 Stat. 945, Pub. L. 93-229, § 1(a); Apr. 9, 1997, D.C. Law 11-255, § 27(f), 44 DCR 1271.)  Prior Codifications 1981 Ed., § 28-3309. 1973 Ed., § 28-3309. Change in Government This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of the Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.