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NICHOLAS LOAN & MORTG. v. W.VA. COAL CO-OP

No. 28487.

547 S.E.2d 234 (2001)

209 W.Va. 296

NICHOLAS LOAN & MORTGAGE, INC., a West Virginia corporation, Plaintiff below, Appellant, v. W.VA. COAL CO-OP, INC., a West Virginia corporation and William A. Ray, individually, Defendants below, Appellees, and Nicholas Loan & Mortgage, Inc., a West Virginia corporation, Plaintiff below, Appellant, v. W.VA. Coal Co-Op, Inc., a West Virginia corporation, Gail Ray, individually, and David Ray, individually, Defendants below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided March 8, 2001.

Attorney(s) appearing for the Case

E. Scott Stanton, Esq., Summersville, for Appellant.

Ernest V. Morton, Jr., Esq., William C. Garrett, Esq., Webster Springs, for Appellees.

STARCHER, Justice.

In this appeal from the Circuit Court of Nicholas County, we interpret various provisions of the West Virginia Uniform Fraudulent Transfers Act, W.Va.Code, 40-1A-1 to -12 [1986] ("the Act"). The case concerns whether a lien filed by a third party against a debtor's assets, with the debtor's approval, constitutes a "transfer" under the Act. The circuit court granted summary judgment, essentially holding that such a lien would not be considered...

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