Pennsylvania § 5105 Transfer or obligation voidable as to present creditor

Pennsylvania Statutes

§ 5105 — Transfer or obligation voidable as to present creditor

Pennsylvania § 5105

Title 12COMMERCE AND TRADE

PartPART IV

Ch. 51VOIDABLE TRANSACTIONS

This text of Pennsylvania § 5105 (Transfer or obligation voidable as to present creditor) is published on Counsel Stack Legal Research, covering Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

12 Pa. Cons. Stat. § 5105 (2026).

Text

(a)General rule.--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.

(b)Burden of proof.--Subject to section 5102(b) (relating to insolvency), 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.

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(a) General rule.--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.

(b) Burden of proof.--Subject to section 5102(b) (relating to insolvency), 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.

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 5105 is referred to in sections 5103, 5108, 5109 of this title.