Current through Register Vol. 49, No. 8, August 19, 2024
Section 513.45 - 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 section 513.42, paragraph (b), a creditor making a claim under paragraph (a) or (b) has the burden of proving the elements of the claim by a preponderance of the evidence.1987 c 19 s 5; 2015 c 17 s 5
Amended by 2015 Minn. Laws, ch. 17,s 5, eff. 8/1/2015.