{"data":{"id":"us-pa/12-pa.c.s.-5104","jurisdiction":"us-pa","citation":"12 Pa.C.S. § 5104","heading":"Transfer or obligation voidable as to present or future creditor.","body":"(a) General rule.--A transfer made or obligation incurred by a debtor is voidable as to a creditor, whether the creditor's claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation:\n(1) with actual intent to hinder, delay or defraud any creditor of the debtor; or\n(2) without receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor:\n(i) was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction; or\n(ii) intended to incur, or believed or reasonably should have believed that the debtor would incur, debts beyond the debtor's ability to pay as they became due.\n(b) Certain factors.--In determining actual intent under subsection (a)(1), consideration may be given, among other factors, to whether:\n(1) the transfer or obligation was to an insider;\n(2) the debtor retained possession or control of the property transferred after the transfer;\n(3) the transfer or obligation was disclosed or concealed;\n(4) before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit;\n(5) the transfer was of substantially all the debtor's assets;\n(6) the debtor absconded;\n(7) the debtor removed or concealed assets;\n(8) the value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred;\n(9) the debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred;\n(10) the transfer occurred shortly before or shortly after a substantial debt was incurred; and\n(11) the debtor transferred the essential assets of the business to a lienor who transferred the assets to an insider of the debtor.\n(c) Burden of proof.--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.","path":["Title 12 - COMMERCE AND TRADE","PART IV COMMERCIAL PROTECTION","CHAPTER 51 VOIDABLE TRANSACTIONS"],"source_url":"https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM\u0026ttl=12\u0026div=0\u0026chpt=51\u0026sctn=4\u0026subsctn=0","current_through":"2026-08-31 (Statute Update stamp, 12 Pa.C.S.)","vintage":"","retrieved_at":"2026-09-02T16:30:58Z","sha256":"a69804aec4c6154e935270b012c9f7f5d19db26c8f41b37f369261f4855eb979","source_id":"us-pa","stale":false,"prev":"us-pa/12-pa.c.s.-5103","next":"us-pa/12-pa.c.s.-5105"},"notice":"GroundRules: Original legal text. Not legal advice."}