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Haw. Rev. Stat. § 651C-5

Transfers fraudulent as to present creditors

Applied in 1 court decision — leading case 486 F. Supp. 2d 1168 - Sports Shinko Co., Ltd. v. QK HOTEL, LLC (2007)

Most recently applied in 486 F. Supp. 2d 1168 - Sports Shinko Co., Ltd. v. QK HOTEL, LLC (April 2007)

L 1985, c 216, pt of §1

(a) A transfer made or obligation incurred by a debtor is fraudulent 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 becomes insolvent as a result of the transfer or obligation.

(b) A transfer made by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made if the transfer was made to an insider for other than a present, reasonably equivalent value, the debtor was insolvent at that time, and the insider had reasonable cause to believe that the debtor was insolvent.

Official source: Hawaii State Legislature. Reproduced from public-domain Hawaii statutes; confirm against the official source for the current text. Not legal advice.