Mich. Comp. Laws » Michigan Compiled Laws / Chapter 566 / Act 434 of 1998
Michigan Compiled Laws

Mich. Comp. Laws § 566.35 (2026)

Transfer by debtor as voidable.

✓ current as of July 2026
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UNIFORM VOIDABLE TRANSACTIONS ACT


Act 434 of 1998


566.35 Transfer by debtor as voidable.

Sec. 5.

    (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) Except as provided in subsection (4) and subject to section 2(2), a creditor that makes 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.

    (4) With respect to a qualified disposition, a creditor has the burden of proving the elements of the claim for relief by clear and convincing evidence.

    

    

History: 1998, Act 434, Imd. Eff. Dec. 30, 1998 ;-- Am. 2016, Act 552, Eff. Apr. 10, 2017 ;-- Am. 2022, Act 145, Imd. Eff. July 19, 2022

Notes of Decisions
Cited in 83 cases (27 in the last 5 years), 2003–2026 · leading case: Estes v. Titus, 751 N.W.2d 493 (Mich. 2008).
Sort: Relevance Newest Treatment
Estes v. Titus, 751 N.W.2d 493 (Mich. 2008). · cites it 4× “34(1)(b), and MCL 566.35(1). But I do not believe that UFTA actions will succeed in altering (continued…) 2 for summary disposition.”
Dillard v. Schlussel, 865 N.W.2d 648 (Mich. Ct. App. 2014). · cites it 6× “Under the plain language of MCL 566.35, a transfer is constructively fraudulent if the debtor did not receive a “reasonably equivalent value in exchange for the transfer” and was insolvent at the time.”
Wells v. Salmo (In re Select One, Inc.), 556 B.R. 826 (Bankr. E.D. Mich. 2013). · cites it 26× “The Count I Summary Judgment also stated that there are no genuine issues of material fact, and that the Trustee is entitled to judgment as a matter of law, with respect to all of the elements of Mich. Comp. Laws Ann. § 566.35 (1) and § 544(b)(1) of the Bankruptcy Code, as those…”
Wells v. Sleep (In Re Michigan Mach. Tool Control Corp.), 381 B.R. 657 (Bankr. E.D. Mich. 2008). · cites it 9× “Elements of a Cause of Action under MCL § 566.35 MCL § 566.35(1) states: A transfer made or obligation incurred by a debtor is fraudulent 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…”
Meoli v. Huntington Nat'l Bank (In Re Teleservices Grp., Inc.), 469 B.R. 713 (Bankr. W.D. Mich. 2012). · cites it 8× “§ 548 (a)(1)(B) and Mich. Comp. Laws § 566.35 (1). 5. Huntington was the initial transferee of the checks written by Teleser-vices on the Silicon Valley account.”
Gold v. Marquette Univ. (In Re Leonard), 454 B.R. 444 (Bankr. E.D. Mich. 2011). · cites it 8× “Third, the Trustee alleges that the transfers are avoidable under Mich. Comp. Laws § 566.35 (1), which is virtually identical to Bankruptcy Code § 548(a)(1)(B)® and (ii)(I).”
Nathan v. Libra (In re Libra), 584 B.R. 550 (Bankr. E.D. Mich. 2018). · cites it 8× “In turn, Mich. Comp. Laws Ann. § 566.35 , provides: Sec.”
Simon v. Short (In re Oakland Physicians Med. Ctr., L.L.C.), 596 B.R. 587 (Bankr. E.D. Mich. 2019). · cites it 13× “35 Turning to constructive fraud under state law, Mich. Comp. Laws Ann. § 566.35 provides: Sec.”
Estes v. Titus, 731 N.W.2d 119 (Mich. Ct. App. 2007). · cites it 4× “" [5] MCL 566.35 addresses circumstances in which a creditor's claim arises before the alleged fraudulent transfer.”
Madden v. Morelli (In re Energy Conversion Devices, Inc.), 548 B.R. 208 (Bankr. E.D. Mich. 2016). · cites it 8× “§ 548 and under the Michigan Uniform Fraudulent Transfer Act, Mich. Comp. Laws §§ 566.35 et seq, using the strong arm powers under 11 U.”
Gold v. Winget (In Re NM Holdings Co.), 407 B.R. 232 (Bankr. E.D. Mich. 2009). · cites it 2× “And Mich. Comp. Laws Ann. § 566.35 states: (1) A transfer made or obligation incurred by a debtor is fraudulent 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…”
Kravitz v. Summersett (In re Great Lakes Comnet, Inc.), 588 B.R. 1 (Bankr. W.D. Mich. 2018). · cites it 2× “Similarly, paragraph 40 alleges that the Debtors made transfers in the amount of approximately $2.”
Show all 83 citing cases →
— Mich. Comp. Laws § 566.35(1) — 44 cases
Dillard v. Schlussel, 865 N.W.2d 648 (Mich. Ct. App. 2014). “Under the plain language of MCL 566.35, a transfer is constructively fraudulent if the debtor did not receive a “reasonably equivalent value in exchange for the transfer” and was insolvent at the time.”
Estes v. Titus, 751 N.W.2d 493 (Mich. 2008). “34(1)(b), and MCL 566.35(1). But I do not believe that UFTA actions will succeed in altering (continued…) 2 for summary disposition.”
Wells v. Sleep (In Re Michigan Mach. Tool Control Corp.), 381 B.R. 657 (Bankr. E.D. Mich. 2008). “Elements of a Cause of Action under MCL § 566.35 MCL § 566.35(1) states: A transfer made or obligation incurred by a debtor is fraudulent 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…”
Nathan v. Libra (In re Libra), 584 B.R. 550 (Bankr. E.D. Mich. 2018). “In turn, Mich. Comp. Laws Ann. § 566.35 , provides: Sec.”
Wells v. Salmo (In re Select One, Inc.), 556 B.R. 826 (Bankr. E.D. Mich. 2013). “The Count I Summary Judgment also stated that there are no genuine issues of material fact, and that the Trustee is entitled to judgment as a matter of law, with respect to all of the elements of Mich. Comp. Laws Ann. § 566.35 (1) and § 544(b)(1) of the Bankruptcy Code, as those…”
— Mich. Comp. Laws § 566.35(1)(a) — 1 case
Shapiro v. Woodberry (Bankr. E.D. Mich. 2020).
— Mich. Comp. Laws § 566.35(2) — 8 cases
Estes v. Titus, 751 N.W.2d 493 (Mich. 2008). “34(1)(b), and MCL 566.35(1). But I do not believe that UFTA actions will succeed in altering (continued…) 2 for summary disposition.”
McClarty v. Colletta (In Re D.C.T., Inc.), 295 B.R. 236 (Bankr. E.D. Mich. 2003).
Wells v. Salmo (In re Select One, Inc.), 556 B.R. 826 (Bankr. E.D. Mich. 2013). “The Count I Summary Judgment also stated that there are no genuine issues of material fact, and that the Trustee is entitled to judgment as a matter of law, with respect to all of the elements of Mich. Comp. Laws Ann. § 566.35 (1) and § 544(b)(1) of the Bankruptcy Code, as those…”
Glen Schilkey v. Prosper Mgmt. LLC (Mich. Ct. App. 2016).
City of Riverview v. Forest Island Recycling II Inc (Mich. Ct. App. 2015).
— Mich. Comp. Laws § 566.35(3) — 4 cases
Simon v. Short (In re Oakland Physicians Med. Ctr., L.L.C.), 596 B.R. 587 (Bankr. E.D. Mich. 2019). “35 Turning to constructive fraud under state law, Mich. Comp. Laws Ann. § 566.35 provides: Sec.”
Dombrowski v. United States (E.D. Mich. 2022).
Lawrence P Donovan III v. Roy Ronil Ilagan Divinagracia (Mich. Ct. App. 2025).
Pinnacle North LLC v. Keith a White (Mich. Ct. App. 2026).
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