HB 1127 — relative to the uniform voidable transactions act.

CHAPTER 215 HB 1127 - VERSIONFINAL ADOPTEDVERSION BY BOTH BODIES 11Mar2026...

CHAPTER 215 HB 1127 - VERSIONFINAL ADOPTEDVERSION BY BOTH BODIES 11Mar2026...

1215:1 New Chapter;

Amend RSA by inserting after chapter 545-A545- A the following new chapter:

“Claim”, except as used in “claim for relief”,relief,” means a right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured.

HB 1127 - VERSION ADOPTED BY BOTH BODIES - Page 2 - V.

CHAPTER 215 HB 1127 - FINAL VERSION - Page 2 - VII.

(d) An affiliate, or an insider of an affiliateaffiliate, as if the affiliate were the debtor;

HB 1127 - VERSION ADOPTED BY BOTH BODIES - Page 3 - (b) Includes a spendthrift provision;

CHAPTER 215 HB 1127 - FINAL VERSION - Page 3 - XIV.

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 HB 1127 - VERSION ADOPTED BY BOTH BODIES - Page 4 - unperformed promise made otherwise than in the ordinary course of the promisor’s business to furnish support to the debtor or another person.

II.II.For the purposes of RSA 545-B:4, I(b) and RSA 545-B: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, non-collusive 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.

For the purposes of RSA 545-B:4, I(b) and RSA 545-B: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.

CHAPTER 215 HB 1127 - FINAL VERSION - Page 4 - 545-B:4 Transfer or Obligation Voidable as to Present or Future Creditor.

and HB 1127 - VERSION ADOPTED BY BOTH BODIES - Page 5 - (k) The debtor transferred the essential assets of the business to a lienor that transferred the assets to an insider of the debtor.

CHAPTER 215 HB 1127 - FINAL VERSION - Page 5 - II.

HB 1127 - VERSION ADOPTED BY BOTH BODIES - Page 6 - (a) If oral, when it becomes effective between the parties;

CHAPTER 215 HB 1127 - FINAL VERSION - Page 6 - II.

HB 1127 - VERSION ADOPTED BY BOTH BODIES - Page 7 - III.

Notwithstanding voidability of a transfer or an obligation under this chapter, a good-good-faith faith transferee or obligee is entitled, to the extent of the value given the debtor for the transfer or obligation, to:

or CHAPTER 215 HB 1127 - FINAL VERSION - Page 7 - (c) 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.

HB 1127 - VERSION ADOPTED BY BOTH BODIES - Page 8 - I.

CHAPTER 215 HB 1127 - FINAL VERSION - Page 8 - (b) “Series organization” means an organization that, pursuant to the law under which it is organized, has the following characteristics:

(3) Debt incurred or existing with respect to the activities or property of the organization is enforceable against the property of the organization only,only and not against the property of or associated with a protected series of the organization.

HB 1127 - VERSION ADOPTED BY BOTH BODIES - Page 9 - II.

CHAPTER 215 HB 1127 - FINAL VERSION - Page 9 - 545-B:14 Relation to Electronic Signatures in Global and National Commerce Act.

The predecessor of this chapter, RSA 545-A, was cited as the uniformUniform fraudulentFraudulent transferTransfer act,Act, and this chapter, RSA 545-B, may be cited as the uniformUniform voidableVoidable transactionsTransactions act.Act.

HB215:2 1127 - VERSION ADOPTED BY BOTH BODIES - Page 10 - 2 Creditor's Claim Against a Settlor of an Irrevocable Trust.

3215:3 Creditor's Claim Against a Settlor of an Irrevocable Trust.

4215:4 Creditor's Claim Against a Settlor of an Irrevocable Trust.

5215:5 New Hampshire Worker Adjustment and Retraining Notification Act;

In addition to asserting the lien as provided in subparagraph I(d), the state of New Hampshire, through the department, shall be deemed to be a creditor under RSA [545-A] 545-B for the liability of the employer as determined under paragraph I and may assert claims pursuant to RSA [545-A:4][545- A:4] 545-B:4 and RSA [545-A:5] 545-B:5, as applicable, and shall have the remedies set forth in RSA [545-A] 545-B for such claims under RSA [545-A] 545-B which are established by the state.

6215:6 Attachments;

Subject to the [Uniform Fraudulent Transfer Act, RSA 545-A] uniformUniform voidableVoidable transactionsTransactions act,Act, RSA 545-B, any interest in a retirement plan or arrangement qualified for tax exemption purposes under present or future acts of Congress;

provided, any transfer or rollover contribution between retirement plans shall not be deemed a transfer which is fraudulent as to a creditor under the [Uniform Fraudulent Transfer Act] uniformUniform voidableVoidable transactionsTransactions act.Act.

By way of example and not by limitation, retirement plans or arrangements qualified for tax exemption purposes permitted under present CHAPTER 215 HB 1127 - FINAL VERSION - Page 10 - acts of Congress include defined contribution plans and defined benefit plans as defined under the Internal Revenue Code (IRC), individual retirement accounts including Roth IRAs and education IRAs, individual retirement annuities, simplified employee pension plans, Keogh plans, IRC section 403(a) annuity plans, IRC section 403(b) annuities, and eligible state deferred compensation plans governed under HB 1127 - VERSION ADOPTED BY BOTH BODIES - Page 11 - IRC section 457.

7215:7 Repeal.

8215:8 Applicability.

9215:9 Effective Date.

Approved: