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

Ky. Rev. Stat. § 378A.050 (2026)

Transfer or obligation voidable as to present creditor

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(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, No. 6:22-cv-00018 (E.D. Ky. June 24, 2022).
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Parton v. Parton, No. 6:22-cv-00018 (E.D. Ky. June 24, 2022). · cites it 22× “The Complaint cites to KRS § 378A.050 as a whole, though it quotes § 378A.”
Parton v. Parton, No. 6:22-cv-00018 (E.D. Ky. Feb. 21, 2023). · cites it 17× “Additionally, the judicial statements privilege bars Counts II and III because both are premised on privileged statements.”
Wheatley v. Wood, No. 19-03041 (Bankr. W.D. Ky. Dec. 7, 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…”
Granite State Ins. Co. v. Taylor, No. 4:22-cv-00119 (W.D. Ky. July 9, 2025). · cites it 7× “040 and KRS 378A.050. (Pl.’s Mot. Summ. J. 15-16 (citation omitted)).”
WesBanco Bank Inc v. Smalley, No. 21-03011 (Bankr. W.D. Ky. Nov. 3, 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., No. 5:23-cv-00116 (E.D. Ky. Aug. 2, 2023). “§ 378A.050(1)(B))]. Wikeley is correct that the public record demonstrates the Assignment.”
Oxford Restructuring Advisors LLC v. Anderson, No. 22-05016 (Bankr. E.D. Ky. Dec. 29, 2023). “§ 378A.050. [ECF No. 1.] The Plaintiff also seeks disallowance of the Defendant’s claim under 11 U.”
Oxford Restructuring Advisors LLC v. Curtis, No. 22-05020 (Bankr. E.D. Ky. Dec. 29, 2023). “§ 378A.050. [ECF No. 1.] The Plaintiff also seeks disallowance of the Defendant’s claim under 11 U.”
Liquidating Tr. v. Deutsche Bank AG, No. 19-05021 (Bankr. E.D. Ky. May 4, 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, No. 6:22-cv-00018 (E.D. Ky. June 24, 2022). “The Complaint cites to KRS § 378A.050 as a whole, though it quotes § 378A.”
Wheatley v. Wood, No. 19-03041 (Bankr. W.D. Ky. Dec. 7, 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, No. 6:22-cv-00018 (E.D. Ky. Feb. 21, 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., No. 5:23-cv-00116 (E.D. Ky. Aug. 2, 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, No. 6:22-cv-00018 (E.D. Ky. June 24, 2022). “The Complaint cites to KRS § 378A.050 as a whole, though it quotes § 378A.”
Parton v. Parton, No. 6:22-cv-00018 (E.D. Ky. Feb. 21, 2023). “Additionally, the judicial statements privilege bars Counts II and III because both are premised on privileged statements.”
Granite State Ins. Co. v. Taylor, No. 4:22-cv-00119 (W.D. Ky. July 9, 2025). “040 and KRS 378A.050. (Pl.’s Mot. Summ. J. 15-16 (citation omitted)).”
WesBanco Bank Inc v. Smalley, No. 21-03011 (Bankr. W.D. Ky. Nov. 3, 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.”
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