1. 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.
2. A transfer made by a debtor is voidable 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.
3. Subject to section 684.2, subsection 2, a creditor making a claim for relief under subsection 1 or 2 has the burden of proving the elements of the claim for relief by a preponderance of the evidence. 94 Acts, ch 1121, §9; 2016 Acts, ch 1040, §4, 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
Notes of Decisions
Sergeant v. OneWest Bank, FSB (In re Walter), 462 B.R. 698 (Bankr. D. Iowa 2011).
· cites it 9× “Iowa Code § 684.5 (1). Like the FDCPA, Iowa’s version of the UFTA thus includes provisions that allow avoidance of fraudulent transfers based on both actual and constructive fraud.”
In Re Schaefer, 331 B.R. 401 (Bankr. D. Iowa 2005).
· cites it 7× “" Defendants have not challenged the trustee's *417 standing to bring claims under § 544(b)(1).”
Webster Indus., Inc. v. Northwood Doors, Inc., 320 F. Supp. 2d 821 (N.D. Iowa 2004).
· cites it 2× “Iowa Code § 684.5 . “Transfer” is defined under the UFTA as “every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with an asset or an interest in an asset, and includes payment of money, release, lease, and creation of a…”
Kelly Kohrs-Manriques v. Tamelia Brown & Lowell Bence (Iowa Ct. App. 2019).
· cites it 8× “See Iowa Code § 684.5 (3) (2017) (providing the creditor making a claim of relief from a fraudulent conveyance “has the burden of proving the elements of the claim for relief by a preponderance of the evidence”).”
Marek v. Johnson (Iowa Ct. App. 2020).
“§§ 684.5(3) (referencing “a creditor making a claim for relief” and stating such creditor “has the burden of proving the elements of the claim for relief by a preponderance of the evidence”), .”
— Iowa Code § 684.5(1) — 1 case
Sergeant v. OneWest Bank, FSB (In re Walter), 462 B.R. 698 (Bankr. D. Iowa 2011).
“Iowa Code § 684.5 (1). Like the FDCPA, Iowa’s version of the UFTA thus includes provisions that allow avoidance of fraudulent transfers based on both actual and constructive fraud.”
— Iowa Code § 684.5(2) — 1 case
— Iowa Code § 684.5(3) — 2 cases
Kelly Kohrs-Manriques v. Tamelia Brown & Lowell Bence (Iowa Ct. App. 2019).
“See Iowa Code § 684.5 (3) (2017) (providing the creditor making a claim of relief from a fraudulent conveyance “has the burden of proving the elements of the claim for relief by a preponderance of the evidence”).”
Marek v. Johnson (Iowa Ct. App. 2020).
“§§ 684.5(3) (referencing “a creditor making a claim for relief” and stating such creditor “has the burden of proving the elements of the claim for relief by a preponderance of the evidence”), .”
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