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

Indiana Statutes

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

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

(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.]

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(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.]

Indiana § 32-18-2-15 (Transfers voidable as to present creditors; creditor's burden of proof) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.