California § 3439.05. 3439.05. (Amended by Stats. 2015, Ch. 44, Sec. 7.)

California Statutes

§ 3439.05. — 3439.05. (Amended by Stats. 2015, Ch. 44, Sec. 7.)

California § 3439.05.

JurisdictionCalifornia

Code CIVCivil Code - CIV

Div. 4.DIVISION 4. GENERAL PROVISIONS

Title2.

Part 2.TITLE 2. VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS

Ch. 1.CHAPTER 1. Uniform Voidable Transactions Act

This text of California § 3439.05. (3439.05. (Amended by Stats. 2015, Ch. 44, Sec. 7.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cal. Civil Code - CIV Code § 3439.05. (2026).

Text

(a)A transfer made or obligation incurred by a debtor is voidable 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 creditor making a claim for relief under subdivision (a) has the burden of proving the elements of the claim for relief by a preponderance of the evidence.

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(a)
A transfer made or obligation incurred by a debtor is voidable 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 creditor making a claim for relief under subdivision (a) has the burden of proving the elements of the claim for relief by a preponderance of the evidence.