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2020 New York Laws
DCD - Debtor and Creditor
Article 10 - Uniform Voidable Transactions Act.
274 - Transfer or Obligation Voidable as to Present Creditor.

Universal Citation:
NY Debt & Cred L § 274 (2020)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
§  274.  Transfer or obligation voidable as to present creditor. (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 subdivision (b) of section two hundred seventy-one of this article, a creditor making a claim for relief under subdivision (a) or (b) of this section has the burden of proving the elements of the claim for relief by a preponderance of the evidence.

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