(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 the 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 KRS 378A.020(2), a creditor making a claim for relief under subsection
(1) or (2) of this section has the burden of proving the elements of the claim for
relief by a preponderance of the evidence.
Effective: January 1, 2016
History: Created 2015 Ky. Acts ch. 37, sec. 5, effective January 1, 2016.
Notes of Decisions
Cited in
9
cases (
9 in the last 5 years), 2021–2025 · leading case:
Parton v. Parton (E.D. Ky. 2022).
Parton v. Parton (E.D. Ky. 2022).
· cites it 22× “The Complaint cites to KRS § 378A.050 as a whole, though it quotes § 378A.”
Parton v. Parton (E.D. Ky. 2023).
· cites it 17× “Additionally, the judicial statements privilege bars Counts II and III because both are premised on privileged statements.”
Wheatley v. Wood (Bankr. W.D. Ky. 2021).
· cites it 8× “CONCLUSION The Trustee has met his burden of proving by a preponderance of the evidence each element of a preferential transfer under § 547(b) and voidable transfers under § 544(b), § 548, and KRS § 378A.050. Further, it has been conclusively established that Defendants have not…”
WesBanco Bank Inc v. Smalley (Bankr. W.D. Ky. 2021).
· cites it 3× “WesBanco counters that the trust was created by a state statute, KRS 378A.050(2). It argues that this statute created a trust sufficient to make § 523(a)(4) applicable.”
Gibson v. Wikeley Inc. (E.D. Ky. 2023).
“§ 378A.050(1)(B))]. Wikeley is correct that the public record demonstrates the Assignment.”
Liquidating Tr. v. Deutsche Bank AG, London Branch (Bankr. E.D. Ky. 2021).
“§ 378A.050; 11 U.S.C. § 548 (a)(1)(B). The Plaintiff must also plead facts that show the existence of a creditor with an allowable unsecured claim on the petition date to pursue state law fraudulent transfer claims under § 544(b).”
— Ky. Rev. Stat. § 378A.050(1) — 3 cases
Parton v. Parton (E.D. Ky. 2022).
“The Complaint cites to KRS § 378A.050 as a whole, though it quotes § 378A.”
Wheatley v. Wood (Bankr. W.D. Ky. 2021).
“CONCLUSION The Trustee has met his burden of proving by a preponderance of the evidence each element of a preferential transfer under § 547(b) and voidable transfers under § 544(b), § 548, and KRS § 378A.050. Further, it has been conclusively established that Defendants have not…”
Parton v. Parton (E.D. Ky. 2023).
“Additionally, the judicial statements privilege bars Counts II and III because both are premised on privileged statements.”
— Ky. Rev. Stat. § 378A.050(1)(B) — 1 case
Gibson v. Wikeley Inc. (E.D. Ky. 2023).
“§ 378A.050(1)(B))]. Wikeley is correct that the public record demonstrates the Assignment.”
— Ky. Rev. Stat. § 378A.050(2) — 4 cases
Parton v. Parton (E.D. Ky. 2022).
“The Complaint cites to KRS § 378A.050 as a whole, though it quotes § 378A.”
Parton v. Parton (E.D. Ky. 2023).
“Additionally, the judicial statements privilege bars Counts II and III because both are premised on privileged statements.”
WesBanco Bank Inc v. Smalley (Bankr. W.D. Ky. 2021).
“WesBanco counters that the trust was created by a state statute, KRS 378A.050(2). It argues that this statute created a trust sufficient to make § 523(a)(4) applicable.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.