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12 Pa.C.S. § 5105

Transfer or obligation voidable as to present creditor

Known as the Pennsylvania Uniform Voidable Transactions Act

The act spans §§ 12-5101 to 12-5114 (14 sections).

(Dec. 22, 2017, P.L.1249, No.78, eff. 60 days)

(a) General rule.--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.

(b) Burden of proof.--Subject to section 5102(b) (relating to insolvency), a creditor making a claim for relief under subsection (a) has the burden of proving the elements of the claim for relief by a preponderance of the evidence.

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