Statute · California Civil Code

Cal. Civ. Code § 3439.05 — Uniform Voidable Transactions Act

Cal. Civ. Code § 3439.05

Type
Statute
Source
California Civil Code
Jurisdiction
California
Date
2016-01-01
Current through
Nov 2, 2026 (California Legislative Counsel)

(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…

Citator

Cal. Civ. Code § 3439.05 — Uniform Voidable Transactions Act is in force in the current edition of the Code, and nothing recorded condemns it.

(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.