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R.I. Gen. Laws § 6-16-5

Transfers or obligations voidable as to present creditors

Known as the Uniform Voidable Transactions Act

The act spans §§ 6–6 (20 sections).

Applied in 4 court decisions — leading case Zahn v. Yucaipa Capital Fund (1998)

Most recently applied in Ivey, Barnum & O'Mara, LLC v. Bear, Stearns & Co. (In re Stanwich Financial Services Corp.) (March 2013)

P.L. 1986, ch. 438, § 2; P.L. 2014, ch. 528, § 14; P.L. 2018, ch. 141, § 2; P.L. 2018, ch. 236, § 2.

How often courts cite this section

199820002010201310
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 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) 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.

(c) Subject to § 6-16-2(b), a creditor making a claim for relief under subsection (a) or (b) of this section has the burden of proving the elements of the claim for relief by a preponderance of the evidence.

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