Iowa Code » Chapter 684 — VOIDABLE TRANSACTIONS

Iowa Code § 684.4

Transfer or obligation voidable as to present or future creditor

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1. A transfer made or obligation incurred by a debtor is voidable as to a creditor, whether the creditor’s claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation under any of the following circumstances: a. With actual intent to hinder, delay, or defraud any creditor of the debtor. b. Without receiving a reasonably equivalent value in exchange for the transfer or obligation, if either of the following applies: (1) 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. (2) 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. 2. In determining actual intent under subsection 1, paragraph “a”, consideration may be given, among other factors, to whether any or all of the following apply: a. The transfer or obligation was to an insider. b. The debtor retained possession or control of the property transferred after the transfer. c. The transfer or obligation was disclosed or concealed. d. Before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit. e. The transfer was of substantially all the debtor’s assets. f. The debtor absconded. g. The debtor removed or concealed assets. h. 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. i. The debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred. j. The transfer occurred shortly before or shortly after a substantial debt was incurred. k. The debtor transferred the essential assets of the business to a lienor that transferred the assets to an insider of the debtor. 3. A creditor making a claim for relief under subsection 1 has the burden of proving the elements of the claim for relief by a preponderance of the evidence. 94 Acts, ch 1121, §8; 2016 Acts, ch 1040, §3, 15 Referred to in §684.3, 684.8, 684.9 2016 amendment applies to a transfer made or an obligation incurred, as provided in §684.6, on or after July 1, 2016; 2016 Acts, ch 1040, §15\n\nTue Dec 09 21:57:13 2025 Iowa Code 2026, Chapter 684 (32, 0) §684.5, VOIDABLE TRANSACTIONS 4

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Notes of Decisions
Cited in 20 cases (3 in the last 5 years), 2002–2023 · leading case: Sergeant v. OneWest Bank, FSB (In re Walter)
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Sergeant v. OneWest Bank, FSB (In re Walter) (2011) ianb · cites it 19× “Fraudulent Conveyance under Iowa Code Chapter 684 Defendant also moves to dismiss Count III of Trustee’s Complaint where the Trustee seeks, under § 544, to avoid transfers under Iowa Code §§ 684.4 (1)(b) and 684.5(1). These sections are part of Iowa’s enactment of the Uniform…”
Iowa Supreme Court Attorney Disciplinary Board v. Mason James Ouderkirk (2014) iowa · cites it 12× “” Iowa Code § 684.4 (1)(a) (2003). This is a complicated inquiry subject to the consideration of a number of factors.”
In Re Schaefer (2005) ianb · cites it 9× “Iowa Code §§ 684.4 , 684.5. Plaintiff must prove each of the elements of a fraudulent transfer by clear and convincing evidence.”
Northwest Bank & Trust Company v. First Illinois National Bank (2002) iasd · cites it 6× “A transfer made or obligation incurred by a debtor is fraudulent as to a creditor, whether the creditor’s claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation under any of the following…”
Webster Industries, Inc. v. Northwood Doors, Inc. (2004) iand · cites it 2× “Iowa Code § 684.4 . The Iowa UFTA also defines transfers that are “fraudulent” only as to present creditors as follows: 1.”
Larry Schaefer and Elaine Schaefer, Husband and Wife v. Raymond Schaefer v. Larry Schaefer and Elaine Schaefer, Husband (2011) iowa · cites it 4× “” Iowa Code § 684.4 (1)(a )-(b). Creditors have the right to set a fraudulent conveyance aside and collect the proceeds to satisfy the debt owed.”
Litigation Trust of MDIP Inc. v. De La Rue Cash Systems Inc. (In Re MDIP Inc.) (2005) deb · cites it 2× “05(A) (2005); Iowa Code Ann. §§ 684.4 (l)(b) and 684.5(1) (2005); Del.”
Sergeant v. G.R.D. Investments L.L.C. (Schaefer) (2005) ianb · cites it 9× “Iowa Code §§ 684.4 , 684.5. Plaintiff must prove each of the elements of a fraudulent transfer by clear and convincing evidence.”
Finn v. Alliance Bank (2013) minnctapp “§ 32-18-2-19 (LexisNexis 2002); Iowa Code §§ 684.4 , .9 (2001) (adopting the UFTA's discovery provision, changing time limit to five years rather than four); Kan.”
Renae E. Hindman v. Brian E. Hindman and Cody E. Hindman (2022) iowactapp · cites it 26× “Iowa Code § 684.4 (1) (2019); see also Algreen, 2018 WL 3057438 , at *3.”
First American Bank v. Andrews (In re Andrews) (2015) iasb · cites it 2× “Iowa Code § 684.4 (2). Facts supporting multiple badges of fraud are present in the record.”
Zane Algreen v. Timothy Gardner and Gardner Crop Insurance, Inc. (2018) iowactapp · cites it 12× “The Uniform Fraudulent Transfer Act (UFTA), Iowa Code chapter 684, governs fraudulent transactions.”
Show all 20 citing cases →
— Iowa Code § 684.4(1) — 4 cases
Sergeant v. OneWest Bank, FSB (In re Walter) (2011) ianb “Fraudulent Conveyance under Iowa Code Chapter 684 Defendant also moves to dismiss Count III of Trustee’s Complaint where the Trustee seeks, under § 544, to avoid transfers under Iowa Code §§ 684.4 (1)(b) and 684.5(1). These sections are part of Iowa’s enactment of the Uniform…”
Iowa Supreme Court Attorney Disciplinary Board v. Mason James Ouderkirk (2014) iowa “” Iowa Code § 684.4 (1)(a) (2003). This is a complicated inquiry subject to the consideration of a number of factors.”
Northwest Bank & Trust Company v. First Illinois National Bank (2002) iasd “A transfer made or obligation incurred by a debtor is fraudulent as to a creditor, whether the creditor’s claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation under any of the following…”
Alice M. Shea v. Theresa Lorenz and Mark Lorenz, defendants-appellees/cross-appellants, and Kristin Ostrander, Valerie B (2015) iowactapp
— Iowa Code § 684.4(1)(a) — 2 cases
Renae E. Hindman v. Brian E. Hindman and Cody E. Hindman (2022) iowactapp “Iowa Code § 684.4 (1) (2019); see also Algreen, 2018 WL 3057438 , at *3.”
Jeannie Schlichte v. William Schlichte, Individually and as of the Estate of Gregory Schlichte, Dennis Schlichte, Jerome (2014) iowactapp
— Iowa Code § 684.4(1)(b) — 1 case
Sergeant v. OneWest Bank, FSB (In re Walter) (2011) ianb “Fraudulent Conveyance under Iowa Code Chapter 684 Defendant also moves to dismiss Count III of Trustee’s Complaint where the Trustee seeks, under § 544, to avoid transfers under Iowa Code §§ 684.4 (1)(b) and 684.5(1). These sections are part of Iowa’s enactment of the Uniform…”
— Iowa Code § 684.4(2) — 5 cases
Iowa Supreme Court Attorney Disciplinary Board v. Mason James Ouderkirk (2014) iowa “” Iowa Code § 684.4 (1)(a) (2003). This is a complicated inquiry subject to the consideration of a number of factors.”
Northwest Bank & Trust Company v. First Illinois National Bank (2002) iasd “A transfer made or obligation incurred by a debtor is fraudulent as to a creditor, whether the creditor’s claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation under any of the following…”
Renae E. Hindman v. Brian E. Hindman and Cody E. Hindman (2022) iowactapp “Iowa Code § 684.4 (1) (2019); see also Algreen, 2018 WL 3057438 , at *3.”
Flanagan Corporation v. Lake Cabin Partners, LLC (2022) iowactapp
Zane Algreen v. Timothy Gardner and Gardner Crop Insurance, Inc. (2018) iowactapp “The Uniform Fraudulent Transfer Act (UFTA), Iowa Code chapter 684, governs fraudulent transactions.”
— Iowa Code § 684.4(2)(b) — 1 case
Renae E. Hindman v. Brian E. Hindman and Cody E. Hindman (2022) iowactapp “Iowa Code § 684.4 (1) (2019); see also Algreen, 2018 WL 3057438 , at *3.”
— Iowa Code § 684.4(2)(c) — 1 case
Renae E. Hindman v. Brian E. Hindman and Cody E. Hindman (2022) iowactapp “Iowa Code § 684.4 (1) (2019); see also Algreen, 2018 WL 3057438 , at *3.”
— Iowa Code § 684.4(2)(j) — 1 case
Renae E. Hindman v. Brian E. Hindman and Cody E. Hindman (2022) iowactapp “Iowa Code § 684.4 (1) (2019); see also Algreen, 2018 WL 3057438 , at *3.”
— Iowa Code § 684.4(3) — 1 case
Renae E. Hindman v. Brian E. Hindman and Cody E. Hindman (2022) iowactapp “Iowa Code § 684.4 (1) (2019); see also Algreen, 2018 WL 3057438 , at *3.”
— Iowa Code § 684.4(l)(a) — 1 case
Northwest Bank & Trust Company v. First Illinois National Bank (2002) iasd “A transfer made or obligation incurred by a debtor is fraudulent as to a creditor, whether the creditor’s claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation under any of the following…”
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