Ky. Rev. Stat. » Chapter 378
Kentucky Revised Statutes

Ky. Rev. Stat. § 378.020 (2026)

Repealed, 2016

✓ current as of May 2026
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Catchline at repeal: Conveyance or encumbrance without consideration -- Effect. History: Repealed 2015 Ky. Acts ch. 37, sec. 16, effective January 1, 2016. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1907.

Notes of Decisions
Cited in 30 cases (1 in the last 5 years), 1943–2021 · leading case: Spradlin v. E. Coast Miner, LLC (In re Licking River Mining, LLC), 603 B.R. 336 (Bankr. E.D. Ky. 2019).
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Spradlin v. E. Coast Miner, LLC (In re Licking River Mining, LLC), 603 B.R. 336 (Bankr. E.D. Ky. 2019). · cites it 19× “"Since the purpose of KRS 378.020 is to put the creditors back in the same position they would have enjoyed immediately prior to the voidable conveyance, .”
Gatx Corp. v. Addington, 879 F. Supp. 2d 633 (E.D. Ky. 2012). · cites it 9× “Count two alleges that Larry, a debtor, conveyed property of his estate without receiving valuable consideration in violation of KRS § 378.020, and that Stephen and Robert aided and abetted Larry’s conveyances, thus rendering them hable under KRS' § 378.”
Spradlin ex rel. J.A.D. Coal Co. v. Pryor Cashman LLP (In re Licking River Mining, LLC), 565 B.R. 794 (Bankr. E.D. Ky. 2017). · cites it 5× “The Kentucky statute (now repealed) stated: “Every gift, conveyance, assignment, transfer or charge made by a debtor, of or upon any of his estate without valuable consideration therefor, shall be void as to all his then existing creditors, *814 but shall not, on that account…”
Spradlin v. Monday Coal, LLC (In re Licking River Mining, LLC), 571 B.R. 241 (Bankr. E.D. Ky. 2017). · cites it 5× “Ky. Rev. Stat. § 378.020 (repealed Jan. 1, 2016).”
Bank of Kentucky, Inc. v. Nageleisen (In re Nageleisen), 523 B.R. 522 (Bankr. E.D. Ky. 2014). · cites it 5× “It first found that Debtor conveyed the Decoursey Pike property without consideration, in violation of Ky. Rev. Stat. § 378.020, which voids constructively fraudulent transfers.”
Spradlin v. Beads & Steeds Inns, LLC (In re Howland), 516 B.R. 163 (Bankr. E.D. Ky. 2014). · cites it 4× “§ 378.020 through 11 U.S.C. § 544 (b). The resolution of this issue turns on whether the *165 Trustee can prove that the Debtors made a transfer of their interest in property by utilizing a “reverse veil piercing” theory that would allow the Trustee to treat the Debtors and…”
Schilling v. Carlos Montalvo Univ. Gardens II 2 (In Re Montalvo), 324 B.R. 619 (Bankr. W.D. Ky. 2005). · cites it 4× “010, KRS 378.020, 11 U.S.C. § 544 (b), 11 U.S.”
Sierra Enter. Inc. v. SWO & ISM, LLC, 264 F. Supp. 3d 826 (W.D. Ky. 2017). · cites it 2× “010) and constructive fraud (under KRS 378.020). KRS 378.010 provided that “[e]very gift, conveyance, assignment or transfer'.”
Lisle v. John Wiley & Sons, Inc. (In Re Wilkinson), 319 B.R. 134 (Bankr. E.D. Ky. 2004). · cites it 3× “The Plaintiffs Amended Complaint filed on February 2, 2003 asserts claims under Sections 547, 548, and 550 of the Bankruptcy Code, and under KRS 378.020. The Defendant filed its Answer to Amended Complaint with jury demand on April 30, 2003.”
Schilling v. Montalvo (In Re Montalvo), 333 B.R. 145 (Bankr. W.D. Ky. 2005). · cites it 3× “§ 544 (b), KRS 378.020 and KRS 378.010. In order to succeed on these claims, Trustee had to first establish the existence of a creditor holding an unsecured claim allowable under 11 U.”
McMurray v. McMurray, 410 S.W.2d 139 (Ky. Ct. App. 1966). · cites it 5× “Roger brought this action in 1961 to recover the debt, to set aside as fraudulent under KRS 378.020 the 1954 conveyance of an interest in the farm to Joyce, and to have the farm subjected as far as necessary to the satisfaction of his claim.”
CNH Capital Am. LLC v. Hunt Tractor, Inc., 568 F. App'x 461 (6th Cir. 2014). · cites it 3× “KRS 378.020. First, the Court must determine which transfer CNH alleges was fraudulent, as CNH seeks to impose liability upon Pagano based upon the fact that his pledged assets were transferred to him free of any security interest when Hunt Tractor paid off its loans from…”
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