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2018 California Code
Civil Code - CIV
DIVISION 4 - GENERAL PROVISIONS
PART 2 - SPECIAL RELATIONS OF DEBTOR AND CREDITOR
TITLE 2 - VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS
CHAPTER 1 - Uniform Voidable Transactions Act
Section 3439.05.
Universal Citation: CA Civ Code § 3439.05 (2018)
3439.05.
(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.
(Amended by Stats. 2015, Ch. 44, Sec. 7. (SB 161) Effective January 1, 2016.)
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