12 Pa.C.S. § 5105: Transfer or obligation voidable as to present creditor.
Where this section sits in the code
- Title 12 - COMMERCE AND TRADE
- PART IV COMMERCIAL PROTECTION
- CHAPTER 51 VOIDABLE TRANSACTIONS
(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.
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