California Civil Code

§ 3439.05

CIV § 3439.05 Effective Jan 1, 2016Div. 4 · Title 2 · Part 2 · Ch. 1

Statute text

(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 creditor making a claim for relief under subdivision (a) has the burden of proving the elements of the claim for relief by a preponderance of the evidence.

Legislative history

Amended by Stats. 2015, Ch. 44, Sec. 7. (SB 161) Effective January 1, 2016.