Section 28-3105 - Transfers fraudulent as to present creditors

Transfers fraudulent as to present creditors

(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.

CREDIT(S)

(Feb. 9, 1996, D.C. Law 11-83, § 2, 42 DCR 6773.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., § 28-3105.
Legislative History of Laws
For legislative history of D.C. Law 11-83, see Historical and Statutory Notes following § 28-3101.
Uniform Law
This section is based upon § 5 of the Uniform Fraudulent Transfer Act. See Volume 7A, Part II Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.

Current through September 13, 2012