Sec. 15. (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.]
As added by P.L.2-2002, SEC.3. Amended by P.L.61-2017, SEC.14.
Structure Indiana Code
Article 18. Interests of Creditors in Property
Chapter 2. Uniform Fraudulent Transfer Act
32-18-2-0.2. Application of Prior Law to Transfers and Obligations
32-18-2-1. Applicability of Chapter
32-18-2-13. Value; When Given; Default Under Mortgage, Deed of Trust, or Security Agreement
32-18-2-15. Transfers Voidable as to Present Creditors; Creditor's Burden of Proof
32-18-2-16. Transfers and Obligations; When Considered Made or Incurred
32-18-2-17. Remedies of Creditor
32-18-2-19. Statutes of Limitation; Extinguishment of Claim for Relief
32-18-2-19.3. Determination of Debtor's Location; Governing Law in Claim for Relief
32-18-2-19.5. Series Organizations; Protected Series; Considered Separate Persons
32-18-2-20. Supplementary Provisions
32-18-2-21. Uniformity of Application and Construction
32-18-2-22. Relation to Federal Electronic Signatures in Global and National Commerce Act
32-18-2-23. Relation to Uniform Voidable Transactions Act; Citation; Interpretation