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32-18-2-15. Transfers voidable as to present creditors; creditor's burden of proof

IN Code § 32-18-2-15 (2019) (N/A)
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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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32-18-2-14. Transfers voidable as to present and future creditors; debtor's actual intent; transfer made without receipt of equivalent value in exchange; factors in determining actual intent; creditor's burden of proof
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32-18-2-16. Transfers and obligations; when considered made or incurred