§ 6-16-5. Transfers or obligations voidable as to present creditors.
(a) 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) 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.
(c) Subject to § 6-16-2(b), a creditor making a claim for relief under subsection (a) or (b) of this section has the burden of proving the elements of the claim for relief by a preponderance of the evidence.
History of Section.P.L. 1986, ch. 438, § 2; P.L. 2014, ch. 528, § 14; P.L. 2018, ch. 141, § 2; P.L. 2018, ch. 236, § 2.
Structure Rhode Island General Laws
Title 6 - Commercial Law – General Regulatory Provisions
Chapter 6-16 - Uniform Voidable Transactions Act
Section 6-16-1. - Definitions.
Section 6-16-4. - Transfers voidable as to present and future creditors.
Section 6-16-5. - Transfers or obligations voidable as to present creditors.
Section 6-16-6. - When transfer is made or obligation is incurred.
Section 6-16-7. - Remedies of creditor.
Section 6-16-8. - Defenses, liability, and protection of transferee or obligee.
Section 6-16-8.1. - Intentional concealment of support.
Section 6-16-8.2. - Fraudulent conveyance by transferor of child support — Civil action.
Section 6-16-9. - Extinguishment of claim for relief.
Section 6-16-10. - Supplementary provisions.
Section 6-16-11. - Uniformity of application and construction.
Section 6-16-12. - Short title.
Section 6-16-13. - Governing law.
Section 6-16-14. - Application to series organization.
Section 6-16-15. - Supplementary provisions.
Section 6-16-16. - Uniformity of application and construction.
Section 6-16-17. - Relation to Electronic Signatures in Global and National Commerce Act.