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§ 5105. Transfer or obligation voidable as to present creditor

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 12 Pa.C.S.A. Commerce and TradeEffective: February 20, 2018

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 12 Pa.C.S.A. Commerce and Trade (Refs & Annos)
Part IV. Commercial Protection (Refs & Annos)
Chapter 51. Voidable Transactions (Refs & Annos)
Effective: February 20, 2018
12 Pa.C.S.A. § 5105
§ 5105. Transfer or obligation voidable as to present creditor
(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.

Credits

1993, Dec. 3, P.L. 479, No. 70, § 1, effective in 60 days. Amended 2017, Dec. 22, P.L. 1249, No. 78, § 2, effective in 60 days [Feb. 20, 2018].
12 Pa.C.S.A. § 5105, PA ST 12 Pa.C.S.A. § 5105
Current through the end of the 2023 Regular Session. Some statute sections may be more current, see credits for details.
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