§ 5105. Transfer or obligation voidable as to present creditor.
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/pa/title-12/chapter-51/5105A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§ 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.
12c5105v
(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.
12c5106s