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Ark. Code Ann. § 4-59-205

Transfer or obligation voidable as to present creditor

Known as the Uniform Voidable Transactions Act

The act spans §§ 4-59-101 to 4-59-503 (34 sections).

Applied in 5 court decisions — leading case Williams v. Marlar (In Re Marlar) (2000)

Most recently applied in Heritage Properties, Limited Partnership v. Walt & Lee Keenihan Foundation, Inc. (December 2019)

Acts 1987, No. 967, § 5; 2017, No. 1086, § 1.

How often courts cite this section

199820002010201920
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(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 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.

(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 that time, and the insider had reasonable cause to believe that the debtor was insolvent.

(3) Except as provided under § 4-59-202(b), a creditor making a claim for relief under subsection (a) or subsection (b) of this section has the burden of proving the elements of the claim for relief by a preponderance of the evidence.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.