25-6-203. Transfer or obligation voidable -- Present creditor -- Burden of proof.
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Effective 5/9/2017
25-6-203. Transfer or obligation voidable -- Present creditor -- Burden of proof.
(1)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:
(a)the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange for the transfer or obligation; and
(b)the debtor was insolvent at the time or became insolvent as a result of the transfer or obligation.
(2)A transfer made by a debtor is voidable as to a creditor whose claim arose before the transfer was made if the transfer was made to an insider for an antecedent debt, the debtor was insolvent at the time, and the insider had reasonable cause to believe that the debtor was insolvent.
(3)Subject to Subsection 25-6-103(2) , a creditor making a claim for relief under Subsection
(1)or
(2)has the burden of proving the elements of the claim for relief by a preponderance of the evidence.
Renumbered and Amended by Chapter 204 , 2017 General Session