§ 32-18-2-15 — Transfers voidable as to present creditors; creditor's burden of proof

Indiana § 32-18-2-15

• Jurisdiction: Indiana
• Title 32: PROPERTY
• Art. 18: INTERESTS OF CREDITORS IN PROPERTY
• Ch. 2: Uniform Fraudulent Transfer Act

Text

(a) A transfer made or an 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:
(1) the debtor made the transfer or incurred the obligation without
receiving a reasonably equivalent value in exchange for the
transfer or obligation; and
(2) the debtor:
(A) was insolvent at that time; or
(B) became insolvent as a result of the transfer or obligation.
(b) Subject to section 12(d) of this chapter, a creditor making a
claim for relief under this section has the burden of proving the
elements of the claim for relief by a preponderance of the evidence.
[Pre-2002 Recodification Citation: 32-2-7-15.]

Legislative History

As added by P.L.2-2002, SEC.3. Amended by P.L.61-2017, SEC.14.