Public-domain · open source
OpenJurist

Tenn. Code Ann. § 66-3-306

Transfers fraudulent as to present creditors

Applied in 4 court decisions — leading case Webb Mtn, LLC v. Executive Realty Partnership (In Re Webb Mtn, LLC) (2009)

Most recently applied in Paris v. Walker (In re Walker) (April 2017)

Acts 2003, ch. 42, § 1.

How often courts cite this section

20072010201710
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 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.

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.

Current official text: Tennessee Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Tennessee statutes; confirm against the official source for the current text. Not legal advice.