Current through 2024 Public Law 457
Section 6-16-5 - Transfers or obligations voidable as to present creditors(a) 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) 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 that time; and the insider had reasonable cause to believe that the debtor was insolvent.(c) Subject to § 6-16-2(b), a creditor making a claim for relief under subsection (a) or (b) of this section has the burden of proving the elements of the claim for relief by a preponderance of the evidence.Amended by 2018 Pub. Laws, ch. 236,§ 2, eff. 7/2/2018.Amended by 2018 Pub. Laws, ch. 141,§ 2, eff. 7/2/2018.Amended by 2014 Pub. Laws, ch. 528,§ 14, eff. 12/31/2014.