WVC 40 - 1 A- 5
§40-1A-5. 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
(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.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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