740 ILCS 160/6
(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
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(740 ILCS 160/6)
(from Ch. 59, par. 106)
Sec. 6.
(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.
(Source: P.A. 86-814.)
Notes of Decisions
Cited in 63
cases (9 in the last 5 years), 1993–2026 · leading case: Doly v. Chang (In Re Joy Recovery Technology Corp.)
Doly v. Chang (In Re Joy Recovery Technology Corp.) (2002)
“Section 6(a) provides: 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…”
Grochocinski v. Zeigler (In Re Zeigler) (2005)
“The Court grants judgment in part under Count I of the complaint in favor of the Trustee and holds that the transfers of the real property from the Zeiglers to the Lagros were constructively fraudulent pursuant to 740 ILCS 160/5(a)(2) and 740 ILCS 160/6(a). Under 11 U.S.C. § 544…”
Daley v. Chang (In Re Joy Recovery Technology Corp.) (2001)
“Fraudulent Transfer under 740 ILCS 160/6(a). Non-bankruptcy law asserted in Count II is 740 ILCS 160/6(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…”
Edgewater Medical Center v. Edgewater Property Co. (In Re Edgewater Medical Center) (2007)
“Count III seeks to recover the rent and other payments as fraudulent transfers pursuant to 740 ILCS 160/6(a). Count XII seeks to recover the rental payments made under the lease within one year of filing as fraudulent transfers pursuant to 740 ILCS 160/6(b).”
Helms v. Roti (In Re Roti) (2002)
“(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…”
Panos Trading LLC v. Forrer (2023)
“Louis also asserted that the petition failed to state a claim under section 6 of the UFTA (740 ILCS 160/6 (West 2012)). Louis maintained that the Forrer Group were not creditors of Panos Trading before the transfers—and Panos Trading was not insolvent at the time of the…”
Armada (Singapore) Pte Ltd. v. Amcol International Corp. (2017)
“Count I is based on 740 ILCS 160/6(a), which applies to claims arising prior to the fraudulent transfers; and Count II is based on 740 ILCS 160/5(a)(l)- and (2), which apply to claims arising both before or after the transfers.”
Voiland v. Kimmell (In re Kimmell) (2012)
“Therefore, whether because of debts for which he was solely liable or for corporate debts for which he was jointly hable and in excess of the corporation’s assets, I find that Bryan was insolvent as of March 31, 2009. iii. The Debtor Received Reasonably Equivalent Value Through…”
In Re Image Worldwide, Ltd., Debtor. David P. Leibowitz, Chapter 7 Trustee v. Parkway Bank & Trust Co. (1998)
“The Trustee proceeded under 740 ILCS 160/5, and the requirement Parkway cites to is from 740 ILCS 160/6(a), a separate cause of action.”
Apollo Real Estate Investment Fund, IV, L.P. v. Gelber (2010)
“There are two provisions for liability under this enactment: section 5 (740 ILCS 160/5 (West 2000)), where the creditor’s claim arose either before or after the transfer; and section 6, where the creditor’s claim arose only before the transfer (740 ILCS 160/6 (West 2000)). In…”
Helms v. Arboleda (In Re Arboleda) (1998)
“§§ 544 and 550 and 740 ILCS 160/6(a). Additionally, in Count V, the Trustee seeks to revoke the Debtor’s discharge pursuant to 11 U.”
Deschepper v. Midwest Wine & Spirits, Inc. (2015)
“Laird (the “Haus defendants”) are liable for any judgment entered against MWW in connection with Counts I, II, III, and V under a successor liability theory (Count VI) and ask the court to pierce the corporate veil against Direct Mail and KIG and find that Mr.”
— 740 ILCS 160/6(a) — 51 cases
Doly v. Chang (In Re Joy Recovery Technology Corp.) (2002)
“Section 6(a) provides: 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…”
Grochocinski v. Zeigler (In Re Zeigler) (2005)
“The Court grants judgment in part under Count I of the complaint in favor of the Trustee and holds that the transfers of the real property from the Zeiglers to the Lagros were constructively fraudulent pursuant to 740 ILCS 160/5(a)(2) and 740 ILCS 160/6(a). Under 11 U.S.C. § 544…”
Daley v. Chang (In Re Joy Recovery Technology Corp.) (2001)
“Fraudulent Transfer under 740 ILCS 160/6(a). Non-bankruptcy law asserted in Count II is 740 ILCS 160/6(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…”
Helms v. Roti (In Re Roti) (2002)
“(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…”
Panos Trading LLC v. Forrer (2023)
“Louis also asserted that the petition failed to state a claim under section 6 of the UFTA (740 ILCS 160/6 (West 2012)). Louis maintained that the Forrer Group were not creditors of Panos Trading before the transfers—and Panos Trading was not insolvent at the time of the…”
— 740 ILCS 160/6(b) — 4 cases
Edgewater Medical Center v. Edgewater Property Co. (In Re Edgewater Medical Center) (2007)
“Count III seeks to recover the rent and other payments as fraudulent transfers pursuant to 740 ILCS 160/6(a). Count XII seeks to recover the rental payments made under the lease within one year of filing as fraudulent transfers pursuant to 740 ILCS 160/6(b).”
Armada (Singapore) Pte Ltd. v. Amcol International Corp. (2017)
“Count I is based on 740 ILCS 160/6(a), which applies to claims arising prior to the fraudulent transfers; and Count II is based on 740 ILCS 160/5(a)(l)- and (2), which apply to claims arising both before or after the transfers.”
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