Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 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.Amended by P.L. TBD 2017 No. 78, § 2, eff. 2/20/2018.1993, Dec. 3, P.L. 479, No. 70, § 1, effective in 60 days.