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Delaware Code

6 Del. C. § 1305 (2026)

Transfers fraudulent as to present creditors

✓ current as of May 2026
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(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.

70 Del. Laws, c. 434, §  1; 
Notes of Decisions
Cited in 24 cases (12 in the last 5 years), 1992–2026 · leading case: Joseph v. Frank (In Re Troll Commc'ns, LLC), 385 B.R. 110 (Bankr. D. Del. 2008).
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Joseph v. Frank (In Re Troll Commc'ns, LLC), 385 B.R. 110 (Bankr. D. Del. 2008). · cites it 2× “Count Two seeks avoidance and recovery of fraudulent transfers under 6 Del. C. § 1305(b) and 11 U.S.C. §§ 544 , 550 and 551 against Quad Ventures Partners, LP.”
Weinman v. Fid. Capital Appreciation Fund (In Re Integra Realty Resources, Inc.), 198 B.R. 352 (Bankr.D. Colo. 1996). · cites it 2× “Although this Court believes Texas law should be applied, even if Delaware law applied, the limitations period would not have run for those creditors who extended credit after the transfer and within three years before the' bankruptcy petition was filed.”
China Resource Prods. (U.S.A.) Ltd. v. Fayda Int'l, Inc., 788 F. Supp. 815 (D. Del. 1992). “The DFCA prohibits conveyances made without fair consideration by a person or entity “who is or will thereby be rendered insolvent,” Section 1304, who is “engaged or about to engage in a business or transaction for which the property remaining in his hands after the conveyance…”
Brandt Ex Rel. the Estates of Plassein Int'l Corp. v. B.A. Capital Co. (In Re Plassein Int'l Corp.), 366 B.R. 318 (Bankr. D. Del. 2007). “6 Del.C. § 1305. Thus, in order to state a claim under section 1304 and 1305, the Trustee must allege that (i) the debtor made a transfer (ii) for less than reasonably equivalent value and (iii) the debtor was, or was rendered, insolvent thereby.”
Brandt v. Trivest II, Inc. (In Re Plassein Int'l Corp.), 352 B.R. 36 (Bankr. D. Del. 2006). “” 6 Del. C. § 1305(a). Against this backdrop, it is simply not helpful to speak of the Rule 9(b) pleading standard, whether “relaxed” or otherwise, as if it requires something more than pleading the factual elements of the cause of action.”
Brandt Ex Rel. Estates of Plassein Int'l Corp. v. Trivest II, Inc. (In Re Plassein Int'l Corp.), 405 B.R. 402 (Bankr. D. Del. 2009). “Importantly, the statute and case law require an evaluation of the specific consideration exchanged by the debtor and the transferee in the specific transaction which the plaintiff seeks to avoid, and if the transfer is equivalent in value, it is not subject to avoidance under…”
Goldstein v. Wilmington Sav. Fund Soc'y, FSB (In re Universal Mktg., Inc.), 541 B.R. 259 (Bankr. E.D. Pa. 2015). “6 Del. C. § 1305 provides: (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…”
In re W.J. Bradley Mortg. Capital, LLC, 598 B.R. 150 (2019). “6 Del. C. § 1305. Most importantly, the claw-back period for sections 1304(a)(1), (a)(2) and 1305(a) is "within 4 years after the transfer was made or the obligation was incurred .”
ECapital Com. Fin. Corp. v. Hitachi Capital Am. Corp. (S.D. Fla. 2022). · cites it 2× “In Count II, Hitachi alleges the existence of constructive fraudulent transfers under 6 Del. C. § 1305(a), or alternatively, § 726.”
Our Alchemy, LLC - Adversary Proceeding (Bankr. D. Del. 2019). · cites it 2× “Sixth Claim - Avoidance and Recovery of Transfers Under 6 Del. C. §§ 1305(b) and 11 U.S.C. §§ 544 and 550 The Trustee alleges a fraudulent transfer claim under state law against the Virgo Defendants.”
Stanziale, Jr. v. Medi Biotech, LLC (Bankr. D. Del. 2025). · cites it 2× “§ 544 (b) and 6 Del. C. §1305(a)); id., Count 4 (¶¶84-98) (avoidance of fraudulent conveyances pursuant to 11 U.”
Stanziale, Jr. v. Medi Biotech, LLC (Bankr. D. Del. 2025). · cites it 2× “§ 544 (b) and 6 Del. C. §1305(a)); id., Count 4 (¶¶84-98) (avoidance of fraudulent conveyances pursuant to 11 U.”
Show all 24 citing cases →
6 Del. C. § 1305(a): 15 cases
Brandt v. Trivest II, Inc. (In Re Plassein Int'l Corp.), 352 B.R. 36 (Bankr. D. Del. 2006). “” 6 Del. C. § 1305(a). Against this backdrop, it is simply not helpful to speak of the Rule 9(b) pleading standard, whether “relaxed” or otherwise, as if it requires something more than pleading the factual elements of the cause of action.”
ECapital Com. Fin. Corp. v. Hitachi Capital Am. Corp. (S.D. Fla. 2022). “In Count II, Hitachi alleges the existence of constructive fraudulent transfers under 6 Del. C. § 1305(a), or alternatively, § 726.”
Stanziale, Jr. v. Medi Biotech, LLC (Bankr. D. Del. 2025). “§ 544 (b) and 6 Del. C. §1305(a)); id., Count 4 (¶¶84-98) (avoidance of fraudulent conveyances pursuant to 11 U.”
Stanziale, Jr. v. Medi Biotech, LLC (Bankr. D. Del. 2025). “§ 544 (b) and 6 Del. C. §1305(a)); id., Count 4 (¶¶84-98) (avoidance of fraudulent conveyances pursuant to 11 U.”
Susan Fringer v. Kersey Homes, Inc. (Del. Ch. 2018).
6 Del. C. § 1305(b): 2 cases
Joseph v. Frank (In Re Troll Commc'ns, LLC), 385 B.R. 110 (Bankr. D. Del. 2008). “Count Two seeks avoidance and recovery of fraudulent transfers under 6 Del. C. § 1305(b) and 11 U.S.C. §§ 544 , 550 and 551 against Quad Ventures Partners, LP.”
Our Alchemy, LLC - Adversary Proceeding (Bankr. D. Del. 2019). “Sixth Claim - Avoidance and Recovery of Transfers Under 6 Del. C. §§ 1305(b) and 11 U.S.C. §§ 544 and 550 The Trustee alleges a fraudulent transfer claim under state law against the Virgo Defendants.”
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