Ind. Code § 32-18-2-15

Transfers voidable as to present creditors; creditor's burden of proof

Known as the Indiana Uniform Voidable Transactions Act

The act spans §§ 32-18-2-0.2–32-18-2-9 (26 sections).

Applied in 8 court decisions — leading case Freeland v. Enodis Corp. (2008)

Most recently applied in Continental Casualty Co. v. Symons (March 2016)

As added by P.L.2-2002, SEC.3

How often courts cite this section

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.

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.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.