Cal. Civil Code § 3439.05 : Void And Voidable Transfers And Undertakings — California Civil Code — General Provisions — Uniform Voidable Transactions Act — Transfer made or obligation incurred fraudulent as to creditor whose claim arose before transfer Date: 14 Sep 2016 TEXT PDF Current through the 2016 Legislative Session (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. Ca. Civ. Code § 3439.05 Amended by Stats 2015 ch 44 (SB 161),s 7, eff. 1/1/2016.