Kansas Statutes Annotated

K.S.A. § 58-2407 (2026)

Effect as to creditors

✓ current as of May 2026

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58-2407. Effect as to creditors. Every such conveyance shall be presumed fraudulent as against the creditors of the person paying the consideration therefor; and where a fraudulent intent is not disproved, a trust shall in all cases result in favor of prior creditors to the extent of their just demands, and also in favor of subsequent creditors if there be sufficient evidence of fraudulent intent.

History: G.S. 1868, ch. 114, § 7; October 31; R.S. 1923, 67-407.

Notes of Decisions

Cited in 3 cases, 1978–2010 · leading case: United States v. Krause (In Re Krause), 386 B.R. 785 (Bankr. D. Kan. 2008).

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United States v. Krause (In Re Krause), 386 B.R. 785 (Bankr. D. Kan. 2008). · cites it 7× “This Court could find no pertinent cases interpreting Kan. Stat. Ann. § 58-2407 as to fraudulent transfers resulting in creditors’ trusts, but notes that the language is unambiguous and clear.”

Morris v. Kasparek (In Re Kasparek), 426 B.R. 332 (10th Cir. BAP 2010). “Kan. Stat. Ann. § 58-2407 . 28 . Kan. Stat.”

Stauth v. Stauth, 582 P.2d 1160 (Kan. Ct. App. 1978). “58-2406 provides that, subject to the provisions of K.S.A. 58-2407 and 2408, no trust shall result when a conveyance for a valuable consideration is made to one person and the consideration therefor paid by another.”

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