Colorado § 38-8-106 Transfers or obligation voidable as to present creditors

Colorado Statutes

§ 38-8-106 — Transfers or obligation voidable as to present creditors

Colorado·Title 38 Property -·Art. Fraudulent Transfers

(1)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.

(2)A transfer made by a debtor is voidable 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.

(3)Except as provided by section 38-8-103 (2), a creditor making a clai

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(1) 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.

(2) A transfer made by a debtor is voidable 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.

(3) Except as provided by section 38-8-103 (2), a creditor making a claim for
relief pursuant to subsection (1) or (2) of this section has the burden of proving the
elements of the claim for relief by a preponderance of the evidence.

Colorado § 38-8-106 (Transfers or obligation voidable as to present creditors) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 91: Entire article added, p. 1686, � 1, effective July 1. L. 2025: Entire section amended, (SB 25-133), ch. 57, p. 239, � 5, effective August 6.