Ohio § 1336.04
Full text of Ohio Ohio Revised Code § 1336.04, with citation guidance and answers to common questions.
§ 1336.04.
(A) A transfer made or an obligation incurred by a debtor is fraudulent as to a creditor,
whether the claim of the creditor arose before, or within a reasonable time not to
exceed four years after, the transfer was made or the obligation was incurred, if
the debtor made the transfer or incurred the obligation in either of the following
ways: (1) With actual intent to hinder, delay, or defraud any creditor of the debtor; (2) Without receiving a reasonably equivalent value in exchange for the transfer or obligation,
and if either of the following applies: (a) The debtor was engaged or was about to engage in a business or a transaction for
which the remaining assets of the debtor were unreasonably small in relation to the
business or transaction; (b) The debtor intended to incur, or believed or reasonably should have believed that
the debtor would incur, debts beyond the debtor's ability to pay as they became due. (B) In determining actual intent under division (A)(1) of this section, consideration
may be given to all relevant factors, including, but not limited to, the following: (1) Whether the transfer or obligation was to an insider; (2) Whether the debtor retained possession or control of the property transferred after
the transfer; (3) Whether the transfer or obligation was disclosed or concealed; (4) Whether before the transfer was made or the obligation was incurred, the debtor had
been sued or threatened with suit; (5) Whether the transfer was of substantially all of the assets of the debtor; (6) Whether the debtor absconded; (7) Whether the debtor removed or concealed assets; (8) Whether the value of the consideration received by the debtor was reasonably equivalent
to the value of the asset transferred or the amount of the obligation incurred; (9) Whether the debtor was insolvent or became insolvent shortly after the transfer was
made or the obligation was incurred; (10) Whether the transfer occurred shortly before or shortly after a substantial debt
was incurred; (11) Whether the debtor transferred the essential assets of the business to a lienholder
who transferred the assets to an insider of the debtor.
Frequently Asked Questions About Ohio § 1336.04
What does Ohio Revised Code § 1336.04 cover?
Section 1336.04 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 1336.04?
A common citation format is "Ohio Revised Code § 1336.04" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 1336.04 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.