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Ohio Rev. Code Ann. § 1336.05

Claims arising before the transfer or obligation incurred

Applied in 23 court decisions — leading case In Re: Daniel Fordu, Debtor. Harold A. Corzin v. Julie A. Fordu (1999)

Most recently applied in Pincus v. Pincus (May 2025)

Effective: September 28, 1990; Latest Legislation: House Bill 506 - 118th General Assembly

How often courts cite this section

1995200020102020202530
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.

(A) A transfer made or an 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 became insolvent as a result of the transfer or obligation.

(B) A transfer made or an 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 transfer was made to or the obligation was incurred with respect 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.

Official source: Ohio Laws & Administrative Rules (Legislative Service Commission). Reproduced from public-domain Ohio statutes; confirm against the official source for the current text. Not legal advice.