Pennsylvania § 5104 Transfer or obligation voidable as to present or future creditor

Pennsylvania Statutes

§ 5104 — Transfer or obligation voidable as to present or future creditor

Pennsylvania·Title 12 COMMERCE AND TRADE·Part PART IV·Ch. 51 VOIDABLE TRANSACTIONS

(a)General rule.--A transfer made or obligation incurred by a debtor is voidable as to a creditor, whether the creditor's claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation:

(1)with actual intent to hinder, delay or defraud any creditor of the debtor; or

(2)without receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor:

(i)was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction; or

(ii)intended to incur, or believed or reasonably should have believed that the debtor would incur, debts beyond the debtor's ability to pay as they be

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(a) General rule.--A transfer made or obligation incurred by a debtor is voidable as to a creditor, whether the creditor's claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation:

(1) with actual intent to hinder, delay or defraud any creditor of the debtor; or

(2) without receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor:

(i) was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction; or

(ii) intended to incur, or believed or reasonably should have believed that the debtor would incur, debts beyond the debtor's ability to pay as they became due.

(b) Certain factors.--In determining actual intent under subsection (a)(1), consideration may be given, among other factors, to whether:

(1) the transfer or obligation was to an insider;

(2) the debtor retained possession or control of the property transferred after the transfer;

(3) the transfer or obligation was disclosed or concealed;

(4) before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit;

(5) the transfer was of substantially all the debtor's assets;

(6) the debtor absconded;

(7) the debtor removed or concealed assets;

(8) the value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred;

(9) the debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred;

(10) the transfer occurred shortly before or shortly after a substantial debt was incurred; and

(11) the debtor transferred the essential assets of the business to a lienor who transferred the assets to an insider of the debtor.

(c) Burden of proof.--A creditor making a claim for relief under subsection (a) has the burden of proving the elements of the claim for relief by a preponderance of the evidence.

Pennsylvania § 5104 (Transfer or obligation voidable as to present or future creditor) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

(Dec. 22, 2017, P.L.1249, No.78, eff. 60 days) 2017 Amendment.See section 7 of Act 78 in the appendix to this title for special provisions relating to applicability. Cross References.Section 5104 is referred to in sections 5103, 5108, 5109 of this title.