Pennsylvania § 5105 - Transfer or obligation voidable as to present creditor.
Full text of Pennsylvania Pennsylvania Consolidated Statutes § 5105 — Transfer or obligation voidable as to present creditor., with citation guidance and answers to common questions.
§ 5105. Transfer or obligation voidable as to present creditor.
(a) General rule.--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) Burden of proof.--Subject to section 5102(b) (relating to insolvency), a creditor making a claim for relief under subsection (a) has the burden of proving the elements of the claim for relief by a preponderance of the evidence.
(Dec. 22, 2017, P.L.1249, No.78, eff. 60 days)
2017 Amendment. See section 7 of Act 78 in the appendix to this title for special provisions relating to applicability.
Cross References. Section 5105 is referred to in sections 5103, 5108, 5109 of this title.
Source: official Pennsylvania text · Last verified 2026-08-27
Frequently Asked Questions About Pennsylvania § 5105
What does Pennsylvania Consolidated Statutes § 5105 cover?
Section 5105 ("Transfer or obligation voidable as to present creditor.") is part of the Pennsylvania Consolidated Statutes, the codified statutory law of Pennsylvania. 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 Pennsylvania § 5105?
A common citation format is "Pennsylvania Consolidated Statutes § 5105" (Pennsylvania). 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 Pennsylvania law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Pennsylvania official source linked on this page or consult a licensed Pennsylvania attorney.
How does Pennsylvania § 5105 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Pennsylvania 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 Pennsylvania.