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Ohio Revised Code

Ohio Rev. Code § 1336.01 (2026)

Ohio uniform fraudulent transfer act definitions

✓ current as of May 2026
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Effective:
September 28, 1990
Latest Legislation:
House Bill 506 - 118th General Assembly
PDF:
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As used in this chapter:

(A) "Affiliate" means any of the following:

(1) A person who directly or indirectly owns, controls, or holds with power to vote, twenty per cent or more of the outstanding voting securities of the debtor, other than a person who holds the securities in either of the following manners:

(a) As a fiduciary or agent without sole discretionary power to vote the securities;

(b) Solely to secure a debt, if the person has not exercised the power to vote.

(2) A corporation twenty per cent or more of the outstanding voting securities of which are directly or indirectly owned, controlled, or held with power to vote, by the debtor or a person who directly or indirectly owns, controls, or holds with power to vote, twenty per cent or more of the outstanding voting securities of the debtor, other than a person who holds the securities in either of the following manners:

(a) As a fiduciary or agent without sole discretionary power to vote the securities;

(b) Solely to secure a debt, if the person has not exercised the power to vote.

(3) A person whose business is operated by the debtor under a lease or other agreement, or a person substantially all of whose assets are controlled by the debtor;

(4) A person who operates the business of the debtor under a lease or other agreement, or controls substantially all of the assets of the debtor.

(B) "Asset" means property of a debtor, but does not include any of the following:

(1) Property to the extent it is encumbered by a valid lien;

(2) Property to the extent it generally is exempt under nonbankruptcy law, including, but not limited to, section 2329.66 of the Revised Code;

(3) An interest in property held in the form of a tenancy by the entireties created under section 5302.17 of the Revised Code prior to April 4, 1985, to the extent it is not subject to process by a creditor holding a claim against only one tenant.

(C) "Claim" means a right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured.

(D) "Creditor" means a person who has a claim.

(E) "Debt" means liability on a claim.

(F) "Debtor" means a person who is liable on a claim.

(G) "Insider" includes all of the following:

(1) If the debtor is an individual, any of the following:

(a) A relative of the debtor or of a general partner of the debtor;

(b) A partnership in which the debtor is a general partner;

(c) A general partner in a partnership described in division (G)(1)(b) of this section;

(d) A corporation of which the debtor is a director, officer, or person in control.

(2) If the debtor is a corporation, any of the following:

(a) A director of the debtor;

(b) An officer of the debtor;

(c) A person in control of the debtor;

(d) A partnership in which the debtor is a general partner;

(e) A general partner in a partnership described in division (G)(2)(d) of this section;

(f) A relative of a general partner, director, officer, or person in control of the debtor.

(3) If the debtor is a partnership, any of the following:

(a) A general partner in the debtor;

(b) A relative of a general partner in, a general partner of, or a person in control of the debtor;

(c) Another partnership in which the debtor is a general partner;

(d) A general partner in a partnership described in division (G)(3)(c) of this section;

(e) A person in control of the debtor.

(4) An affiliate, or an insider of an affiliate as if the affiliate were the debtor;

(5) A managing agent of the debtor.

(H) "Lien" means a charge against or an interest in property to secure payment of a debt or performance of an obligation, and includes a security interest created by agreement, a judicial lien obtained by legal or equitable process or proceedings, a common law lien, or a statutory lien.

(I) "Person" means an individual, partnership, corporation, association, organization, government or governmental subdivision or agency, business trust, estate, trust, or any other legal or commercial entity.

(J) "Property" means anything that may be the subject of ownership.

(K) "Relative" means an individual related by consanguinity within the third degree as determined by the common law, a spouse, or an individual related to a spouse within the third degree as so determined, and includes an individual in an adoptive relationship within the third degree.

(L) "Transfer" means every direct or indirect, absolute or conditional, and voluntary or involuntary method of disposing of or parting with an asset or an interest in an asset, and includes payment of money, release, lease, and creation of a lien or other encumbrance.

(M) "Valid lien" means a lien that is effective against the holder of a judicial lien subsequently obtained by legal or equitable process or proceedings.
Notes of Decisions
Cited in 145 cases (34 in the last 5 years), 1964–2026 · leading case: In Re Taubman, 160 B.R. 964 (Bankr. S.D. Ohio 1993).
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In Re Taubman, 160 B.R. 964 (Bankr. S.D. Ohio 1993). · cites it 6× “§ 544 incorporating the Uniform Fraudulent Conveyance Act (“UFCA”), O.R.C. § 1336.01 et seq. The Trustee seeks summary judgment under these provisions as to liability only.”
Prokos v. Hines, 2014 Ohio 1415 (Ohio Ct. App. 2014). · cites it 12× “As we discuss below in Section III, Appellants assert the argument in assignment of error three that it was error to submit Demetrios’ claim for fraudulent transfer to the jury because Demetrios did not meet the burden of proof that he was a “creditor” within the meaning of R.C.…”
Dayton Title Agency, Inc. v. White Fam. Companies, Inc. (In Re Dayton Title Agency, Inc.), 292 B.R. 857 (Bankr. S.D. Ohio 2003). · cites it 8× “The court held that the funds were recoverable as a fraudulent conveyance under the Ohio Uniform Fraudulent Transfer Act (“UFTA”), Ohio Rev. Code §§ 1336.01 et seq. Significant to the court’s conclusion was its determination that Dayton Title had a property interest in the…”
DeBlasio v. Sinclair, 2012 Ohio 5848 (Ohio Ct. App. 2012). · cites it 8× “R.C. 1336.01(B)(1). {¶45} Sinclair purchased the home in late 2000 for $275,000.”
Ransier v. McFarland (In Re McFarland), 170 B.R. 613 (Bankr. S.D. Ohio 1994). · cites it 6× “The Debtor’s interest in the certificate of deposit is an asset within the meaning of Ohio Rev.Code § 1336.01. The certificate of deposit was established in early 1991, apparently to give greater assurance to a bank which had made a loan to the Debtor and her husband.”
Slone v. Lassiter (In Re Grove-Merritt), 406 B.R. 778 (Bankr. S.D. Ohio 2009). · cites it 5× “She brings those claims under Bankruptcy Code § 544(a)(3) 4 permitting a bankruptcy trustee to seek avoidance of fraudulent transfers under applicable state laws, including the Ohio Uniform Fraudulent Transfer Act, Ohio Revised Code (“ORC”) § 1336.”
Youngstown Osteopathic Hosp. Ass'n v. Pathways Ctr. for Geriatric Psychiatry, Inc. (In Re Youngstown Osteopathic Hosp. Ass'n), 280 B.R. 400 (Bankr. N.D. Ohio 2002). · cites it 8× “Statutory Analysis Pursuant to the Ohio Uniform Fraudulent Transfer Act (“the Act”), Ohio Revised Code §§ 1336.01 et seq., fraud is imputed to the debtor 3 when the statutory elements have been met.”
Liquidating Tr. of the Amcast Unsecured Creditor Liquidating Trust v. Baker (In Re Amcast Indus. Corp.), 365 B.R. 91 (Bankr. S.D. Ohio 2007). · cites it 4× “59 and perhaps as a fraudulent transfer action by the creditors *109 pursuant to Ohio Rev.Code § 1336.01 et. seq. Furthermore, both the Matthews and Goodin cases involved insolvency-related judicial proceedings — involuntary corporate dissolution in Matthews and…”
Baker & Sons Equip. Co. v. GSO Equip. Leasing, Inc., 622 N.E.2d 1113 (Ohio Ct. App. 1993). · cites it 6× “Perhaps more seminal, however, to a resolution of Baker’s arguments under the Fraudulent Transfer Act is the trial court’s finding that the assets involved were exempted from the Ohio Uniform Fraudulent Transfer Act under *652 R.C. 1336.01(B) as encumbered assets; Baker asserts…”
Francisco A. Mateo M.D., Inc. v. Proia, 2023 Ohio 3908 (Ohio Ct. App. 2023). · cites it 5× “” R.C. 1336.01(C). The statute does not only cover contractual claims; an individual possessing a cause of action in tort also qualifies as a creditor.”
State Bank & Trust Co. v. Spaeth (In Re Motorwerks, Inc.), 371 B.R. 281 (Bankr. S.D. Ohio 2007). · cites it 4× “§ 544 (b) and Ohio Rev.Code § 1336.01, et seq. and federal bankruptcy law under 11 U.”
Premier Therapy, L.L.C v. Childs, 2016 Ohio 7934 (Ohio Ct. App. 2016). · cites it 3× “Part A: Transfer of an Asset {¶112} First, Appellants contend they could not have committed a fraudulent transfer as they were not involved in the transfer of an asset as defined in R.C. 1336.01. “Transfer” is defined as “every direct or indirect, absolute or conditional, and…”
Show all 145 citing cases →
— Ohio Rev. Code § 1336.01(A) — 1 case
Fifth Third Bank of Columbus v. McCloud, 628 N.E.2d 131 (Ohio Ct. App. 1993).
— Ohio Rev. Code § 1336.01(B) — 21 cases
In Re Taubman, 160 B.R. 964 (Bankr. S.D. Ohio 1993). “§ 544 incorporating the Uniform Fraudulent Conveyance Act (“UFCA”), O.R.C. § 1336.01 et seq. The Trustee seeks summary judgment under these provisions as to liability only.”
Link v. Leadworks Corp., 607 N.E.2d 1140 (Ohio Ct. App. 1992).
Wagner v. Galipo, 553 N.E.2d 610 (Ohio 1990).
Ransier v. McFarland (In Re McFarland), 170 B.R. 613 (Bankr. S.D. Ohio 1994). “The Debtor’s interest in the certificate of deposit is an asset within the meaning of Ohio Rev.Code § 1336.01. The certificate of deposit was established in early 1991, apparently to give greater assurance to a bank which had made a loan to the Debtor and her husband.”
Locafrance United States Corp. v. Interstate Distrib. Servs., Inc., 451 N.E.2d 1222 (Ohio 1983).
— Ohio Rev. Code § 1336.01(B)(1) — 10 cases
DeBlasio v. Sinclair, 2012 Ohio 5848 (Ohio Ct. App. 2012). “R.C. 1336.01(B)(1). {¶45} Sinclair purchased the home in late 2000 for $275,000.”
Premier Therapy, L.L.C v. Childs, 2016 Ohio 7934 (Ohio Ct. App. 2016). “Part A: Transfer of an Asset {¶112} First, Appellants contend they could not have committed a fraudulent transfer as they were not involved in the transfer of an asset as defined in R.C. 1336.01. “Transfer” is defined as “every direct or indirect, absolute or conditional, and…”
Baker & Sons Equip. Co. v. GSO Equip. Leasing, Inc., 622 N.E.2d 1113 (Ohio Ct. App. 1993). “Perhaps more seminal, however, to a resolution of Baker’s arguments under the Fraudulent Transfer Act is the trial court’s finding that the assets involved were exempted from the Ohio Uniform Fraudulent Transfer Act under *652 R.C. 1336.01(B) as encumbered assets; Baker asserts…”
Prokos v. Hines, 2014 Ohio 1415 (Ohio Ct. App. 2014). “As we discuss below in Section III, Appellants assert the argument in assignment of error three that it was error to submit Demetrios’ claim for fraudulent transfer to the jury because Demetrios did not meet the burden of proof that he was a “creditor” within the meaning of R.C.…”
Comer v. Calim, 716 N.E.2d 245 (Ohio Ct. App. 1998).
— Ohio Rev. Code § 1336.01(C) — 30 cases
Stein v. Brown, 480 N.E.2d 1121 (Ohio 1985).
Francisco A. Mateo M.D., Inc. v. Proia, 2023 Ohio 3908 (Ohio Ct. App. 2023). “” R.C. 1336.01(C). The statute does not only cover contractual claims; an individual possessing a cause of action in tort also qualifies as a creditor.”
Belfance v. Bushey (In Re Bushey), 210 B.R. 95 (6th Cir. BAP 1997).
Brown Bark II, L.P. v. Coakley, 934 N.E.2d 991 (Ohio Ct. App. 2010).
In Re Nat'l Century Fin. Enter., Inc., 617 F. Supp. 2d 700 (S.D. Ohio 2009).
— Ohio Rev. Code § 1336.01(D) — 16 cases
In Re Nat'l Century Fin. Enter., Inc., 617 F. Supp. 2d 700 (S.D. Ohio 2009).
Prokos v. Hines, 2014 Ohio 1415 (Ohio Ct. App. 2014). “As we discuss below in Section III, Appellants assert the argument in assignment of error three that it was error to submit Demetrios’ claim for fraudulent transfer to the jury because Demetrios did not meet the burden of proof that he was a “creditor” within the meaning of R.C.…”
Mancz v. McHenry, 2021 Ohio 82 (Ohio Ct. App. 2021).
Francisco A. Mateo M.D., Inc. v. Proia, 2023 Ohio 3908 (Ohio Ct. App. 2023). “” R.C. 1336.01(C). The statute does not only cover contractual claims; an individual possessing a cause of action in tort also qualifies as a creditor.”
Parmatown south assn. v. Atlantis realty co., L.T.D., 2018 Ohio 2520 (Ohio Ct. App. 2018).
— Ohio Rev. Code § 1336.01(E) — 1 case
Individual Bus. Servs. v. Carmack, 2011 Ohio 1824 (Ohio Ct. App. 2011).
— Ohio Rev. Code § 1336.01(F) — 12 cases
DeNune v. Consol. Capital of North Am., Inc., 288 F. Supp. 2d 844 (N.D. Ohio 2003).
Mancz v. McHenry, 2021 Ohio 82 (Ohio Ct. App. 2021).
Vancrest Mgt. Corp. v. Mullenhour, 2019 Ohio 2958 (Ohio Ct. App. 2019).
Fade v. Morris, 2015 Ohio 5337 (Ohio Ct. App. 2015).
Prouse, Dash & Crouch, L.L.P. v. DiMarco, 887 N.E.2d 1211 (Ohio Ct. App. 2008).
— Ohio Rev. Code § 1336.01(G) — 11 cases
Youngstown Osteopathic Hosp. Ass'n v. Pathways Ctr. for Geriatric Psychiatry, Inc. (In Re Youngstown Osteopathic Hosp. Ass'n), 280 B.R. 400 (Bankr. N.D. Ohio 2002). “Statutory Analysis Pursuant to the Ohio Uniform Fraudulent Transfer Act (“the Act”), Ohio Revised Code §§ 1336.01 et seq., fraud is imputed to the debtor 3 when the statutory elements have been met.”
Francisco A. Mateo M.D., Inc. v. Proia, 2023 Ohio 3908 (Ohio Ct. App. 2023). “” R.C. 1336.01(C). The statute does not only cover contractual claims; an individual possessing a cause of action in tort also qualifies as a creditor.”
Harrison v. Creviston, 860 N.E.2d 113 (Ohio Ct. App. 2006).
Prudential Ins. Co. of Am. v. Sci. Park Ltd. P'ship, 667 N.E.2d 437 (Ohio Ct. App. 1995).
Whitaker v. Paru Selvam, L.L.C., 2014 Ohio 3263 (Ohio Ct. App. 2014).
— Ohio Rev. Code § 1336.01(G)(1) — 2 cases
Slone v. Lassiter (In Re Grove-Merritt), 406 B.R. 778 (Bankr. S.D. Ohio 2009). “She brings those claims under Bankruptcy Code § 544(a)(3) 4 permitting a bankruptcy trustee to seek avoidance of fraudulent transfers under applicable state laws, including the Ohio Uniform Fraudulent Transfer Act, Ohio Revised Code (“ORC”) § 1336.”
DeBlasio v. Sinclair, 2012 Ohio 5848 (Ohio Ct. App. 2012). “R.C. 1336.01(B)(1). {¶45} Sinclair purchased the home in late 2000 for $275,000.”
— Ohio Rev. Code § 1336.01(G)(1)(a) — 9 cases
Ransier v. McFarland (In Re McFarland), 170 B.R. 613 (Bankr. S.D. Ohio 1994). “The Debtor’s interest in the certificate of deposit is an asset within the meaning of Ohio Rev.Code § 1336.01. The certificate of deposit was established in early 1991, apparently to give greater assurance to a bank which had made a loan to the Debtor and her husband.”
Daneman v. Stanley (In Re Stanley), 384 B.R. 788 (Bankr. S.D. Ohio 2008).
Aristocrat Lakewood Nursing Home v. Mayne, 729 N.E.2d 768 (Ohio Ct. App. 1999).
Guernsey Cty. Cmty. Dev. Corp. v. Speedy, 2023 Ohio 1796 (Ohio Ct. App. 2023).
UBS Fin. Servs., Inc. v. Lacava, 2018 Ohio 3276 (Ohio Ct. App. 2018).
— Ohio Rev. Code § 1336.01(G)(1)(d) — 1 case
DeBlasio v. Sinclair, 2012 Ohio 5848 (Ohio Ct. App. 2012). “R.C. 1336.01(B)(1). {¶45} Sinclair purchased the home in late 2000 for $275,000.”
— Ohio Rev. Code § 1336.01(G)(2) — 3 cases
DeBlasio v. Sinclair, 2012 Ohio 5848 (Ohio Ct. App. 2012). “R.C. 1336.01(B)(1). {¶45} Sinclair purchased the home in late 2000 for $275,000.”
Kovacs v. Hanson (In Re Hanson), 373 B.R. 522 (Bankr. N.D. Ohio 2007).
Hanamura-Valashinas v. Transitions by Firenza, L.L.C., 2020 Ohio 4887 (Ohio Ct. App. 2020).
— Ohio Rev. Code § 1336.01(G)(3)(e) — 1 case
Prudential Ins. Co. of Am. v. Sci. Park Ltd. P'ship, 667 N.E.2d 437 (Ohio Ct. App. 1995).
— Ohio Rev. Code § 1336.01(G)(4) — 1 case
DeBlasio v. Sinclair, 2012 Ohio 5848 (Ohio Ct. App. 2012). “R.C. 1336.01(B)(1). {¶45} Sinclair purchased the home in late 2000 for $275,000.”
— Ohio Rev. Code § 1336.01(G)(5) — 1 case
DeBlasio v. Sinclair, 2012 Ohio 5848 (Ohio Ct. App. 2012). “R.C. 1336.01(B)(1). {¶45} Sinclair purchased the home in late 2000 for $275,000.”
— Ohio Rev. Code § 1336.01(G)(8) — 1 case
DeBlasio v. Sinclair, 2012 Ohio 5848 (Ohio Ct. App. 2012). “R.C. 1336.01(B)(1). {¶45} Sinclair purchased the home in late 2000 for $275,000.”
— Ohio Rev. Code § 1336.01(H) — 6 cases
Baker & Sons Equip. Co. v. GSO Equip. Leasing, Inc., 622 N.E.2d 1113 (Ohio Ct. App. 1993). “Perhaps more seminal, however, to a resolution of Baker’s arguments under the Fraudulent Transfer Act is the trial court’s finding that the assets involved were exempted from the Ohio Uniform Fraudulent Transfer Act under *652 R.C. 1336.01(B) as encumbered assets; Baker asserts…”
Comer v. Calim, 716 N.E.2d 245 (Ohio Ct. App. 1998).
In Re Nat'l Century Fin. Enter., Inc., 783 F. Supp. 2d 1003 (S.D. Ohio 2011).
Unencumbered Assets v. JP Morgan Chase Bank, 783 F. Supp. 2d 1003 (S.D. Ohio 2011).
Bash v. Textron Fin. Corp., 592 B.R. 819 (N.D. Ohio 2018).
— Ohio Rev. Code § 1336.01(J) — 1 case
Witschey, Witschey & Firestine Co., L.P.A. v. Daniele, 2013 Ohio 5724 (Ohio Ct. App. 2013).
— Ohio Rev. Code § 1336.01(L) — 24 cases
In Re: Daniel Fordu, Debtor. Harold A. Corzin v. Julie A. Fordu, 201 F.3d 693 (6th Cir. 1999).
Rieser v. Hayslip (In Re Canyon Sys. Corp.), 343 B.R. 615 (Bankr. S.D. Ohio 2006).
Premier Therapy, L.L.C v. Childs, 2016 Ohio 7934 (Ohio Ct. App. 2016). “Part A: Transfer of an Asset {¶112} First, Appellants contend they could not have committed a fraudulent transfer as they were not involved in the transfer of an asset as defined in R.C. 1336.01. “Transfer” is defined as “every direct or indirect, absolute or conditional, and…”
Roberds, Inc. v. Broyhill Furniture (In Re Roberds, Inc.), 313 B.R. 732 (Bankr. S.D. Ohio 2004).
Youngstown Osteopathic Hosp. Ass'n v. Pathways Ctr. for Geriatric Psychiatry, Inc. (In Re Youngstown Osteopathic Hosp. Ass'n), 280 B.R. 400 (Bankr. N.D. Ohio 2002). “Statutory Analysis Pursuant to the Ohio Uniform Fraudulent Transfer Act (“the Act”), Ohio Revised Code §§ 1336.01 et seq., fraud is imputed to the debtor 3 when the statutory elements have been met.”
— Ohio Rev. Code § 1336.01(M) — 5 cases
Baker & Sons Equip. Co. v. GSO Equip. Leasing, Inc., 622 N.E.2d 1113 (Ohio Ct. App. 1993). “Perhaps more seminal, however, to a resolution of Baker’s arguments under the Fraudulent Transfer Act is the trial court’s finding that the assets involved were exempted from the Ohio Uniform Fraudulent Transfer Act under *652 R.C. 1336.01(B) as encumbered assets; Baker asserts…”
Comer v. Calim, 716 N.E.2d 245 (Ohio Ct. App. 1998).
Longo Constr., Inc. v. ASAP Technical Servs., Inc., 140 Ohio App. 3d 665 (Ohio Ct. App. 2000).
Brian Bash v. Textron Fin. Corp., 13 F.4th 547 (6th Cir. 2021).
Bash v. Textron Fin. Corp., 592 B.R. 819 (N.D. Ohio 2018).
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