Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 51 - Voidable Transactions
Section 5105 - Transfer or obligation voidable as to present creditor

(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.
(Dec. 22, 2017, P.L.1249, No.78, eff. 60 days)

2017 Amendment. See section 7 of Act 78 in the appendix to this title for special provisions relating to applicability.
Cross References. Section 5105 is referred to in sections 5103, 5108, 5109 of this title.

Structure Pennsylvania Consolidated & Unconsolidated Statutes