Transfers Voidable as to Present Creditors; Creditor's Burden of Proof

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Sec. 15. (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.]

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


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