S.D. Codified Laws § 54-8A-5

Transfers fraudulent as to present creditors

Known as the Uniform Fraudulent Transfer Act

The act spans §§ 54-8A-1 to 54-8A-9 (12 sections).

Applied in 5 court decisions — leading case Prairie Lakes Health Care System, Inc. v. Wookey (1998)

Most recently applied in 929 F. Supp. 2d 924 - Larson Manufacturing Co. of South Dakota, Inc. v. Connecticut Greenstar, Inc. (March 2013)

Source: SL 1987, ch 365, § 5.

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.

(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 became 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 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: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.