(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 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;
(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 part that is superior to the interest of
(2) if applicable law permits the transfer to be perfected as provided in subsection
(1) and the transfer is not perfected before the commencement of an action for relief
under this part, the transfer is considered 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 considered 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 in writing, when the writing executed by the obligor is delivered
to or for the benefit of the obligee.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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