Del. Code 6, § 1305 : Commerce And Trade — Fraudulent Transfers — Transfers fraudulent as to present creditors

2 Sep 2016

Current through 2016 Legislative Session, Act 399

(a) A transfer made or obligation incurred by a debtor is fraudulent 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 fraudulent 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.
Del. C. § 1305
70 Del. Laws, c. 434, § 1.;