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 § 38-8-106

Title 38Property -

Art.Fraudulent Transfers

This text of Colorado § 38-8-106 (Transfers or obligation voidable as to present creditors) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 38-8-106 (2026).

Text

(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

Free access — add to your briefcase to read the full text and ask questions with AI

(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.

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.