Section 32-18-2-15 - Transfers voidable as to present creditors; creditor's burden of proof(a) A transfer made or an 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: (1) the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange for the transfer or obligation; and(2) the debtor:(A) was insolvent at that time; or(B) became insolvent as a result of the transfer or obligation.(b) Subject to section 12(d) of this chapter, a creditor making a claim for relief under this section has the burden of proving the elements of the claim for relief by a preponderance of the evidence.Pre-2002 Recodification Citation: 32-2-7-15.
Amended by P.L. 61-2017,SEC. 14, eff. 7/1/2017.As added by P.L. 2-2002, SEC.3.