RCW 19.40.051
Transfers voidable as to present creditors.
(1) 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.
(2) A transfer made by a debtor is voidable as to a creditor whose claim arose before the transfer was made if the transfer was made to an insider for an antecedent debt, the debtor was insolvent at that time, and the insider had reasonable cause to believe that the debtor was insolvent.
(3) Subject to RCW 19.40.021(2), a creditor making a claim for relief under subsection (1) or (2) of this section has the burden of proving the elements of the claim for relief by a preponderance of the evidence.
[ 2017 c 57 § 5; 1987 c 444 § 5.]
NOTES:
Effective date—1987 c 444: See note following RCW 19.40.011.
Structure Revised Code of Washington
Title 19 - Business Regulations—Miscellaneous
Chapter 19.40 - Uniform Voidable Transactions Act.
19.40.041 - Transfers voidable as to present and future creditors.
19.40.051 - Transfers voidable as to present creditors.
19.40.061 - When transfer is made or obligation is incurred.
19.40.071 - Remedies of creditors.
19.40.081 - Defenses, liability, and protection of transferee.
19.40.091 - Extinguishment of claim for relief.
19.40.111 - Application to series organization.
19.40.121 - Relation to electronic signatures in global and national commerce act.
19.40.902 - Supplementary provisions.
19.40.903 - Uniformity of application and construction.
19.40.904 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
19.40.905 - Effect on prior transfers and obligations—2017 c 57.