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Ohio Revised Code

Ohio Rev. Code § 1336.03 (2026)

Giving value

✓ current as of May 2026
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Effective:
September 28, 1990
Latest Legislation:
House Bill 506 - 118th General Assembly
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(A) Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of the business of the promisor to furnish support to the debtor or another person.

(B) For the purposes of division (A)(2) of section 1336.04 and division (A) of section 1336.05 of the Revised Code, a person gives a reasonably equivalent value if the person acquires an interest of the debtor in an asset pursuant to a regularly conducted, noncollusive foreclosure sale or execution of power of sale for the acquisition or disposition of the interest of the debtor upon default under a mortgage, deed of trust, or security agreement.

(C) A transfer is made for present value if the exchange between the debtor and the transferee is intended by them to be contemporaneous and in fact is substantially contemporaneous.
Notes of Decisions
Cited in 34 cases (3 in the last 5 years), 1967–2026 · leading case: Rieser v. Hayslip (In Re Canyon Sys. Corp.), 343 B.R. 615 (Bankr. S.D. Ohio 2006).
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Rieser v. Hayslip (In Re Canyon Sys. Corp.), 343 B.R. 615 (Bankr. S.D. Ohio 2006). · cites it 2× “§ 548 (d)(2)(A)) or the UFTA (see Ohio Rev.Code Ann. § 1336.03(A)). Id. Application of the decisional framework described in the cases making up the second line of authority, which focuses on the discrete transfers between debtor and transferee rather than the totality of the…”
In Re Taubman, 160 B.R. 964 (Bankr. S.D. Ohio 1993). · cites it 2× “” (a) Fair Consideration Section 1336.03 defines fair consideration, providing: Fair consideration is given for property, or obligation: (A) When in exchange for such property, or obligation, as a fair equivalent therefor, and in good faith, property is conveyed or an antecedent…”
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 2× “Ladehoff argues that the fraudulent transfer claim must be dismissed regardless of which statutory section it is based upon because Amcast was legally bound to make the transfers to Ladehoff pursuant to the terms of the Executive Agreement.”
Slone v. Lassiter (In Re Grove-Merritt), 406 B.R. 778 (Bankr. S.D. Ohio 2009). · cites it 2× “§ 548 (d)(2); ORC § 1336.03(A). In determining whether a transfer is supported by reasonably equivalent value, courts generally compare the value of property transferred with that which is received in exchange for the transfer.”
Silagy v. Gagnon (In Re Gabor), 280 B.R. 149 (Bankr. N.D. Ohio 2002). · cites it 2× “O.R.C. § 1336.03 defines fair consideration as: Fair consideration is given for property, or obligation: (A) When in exchange for such property, or obligation, as a fair equivalent therefor, and in good faith, property is conveyed or an antecedent debt is satisfied; or (B) When…”
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 3× “” Ohio Rev.Code Ann. § 1336.03(A) (Anderson 2002).”
Ransier v. McFarland (In Re McFarland), 170 B.R. 613 (Bankr. S.D. Ohio 1994). · cites it 2× “Neither was there any constructive fraud because payment of an antecedent debt can be reasonably equivalent value within the meaning of Ohio Rev.Code § 1336.03(B). In addition, the “transfer” by payment is clearly outside any preference period.”
Daneman v. Stanley (In Re Stanley), 384 B.R. 788 (Bankr. S.D. Ohio 2008). · cites it 2× “See Ohio Rev.Code Ann. § 1336.03(A) (“[V]alue does not include an unperformed promise made otherwise than in the ordinary course of the business of the promisor to furnish support to the debtor or another person.”
Cellar Lumber Co. v. Holley, 224 N.E.2d 360 (Ohio Ct. App. 1967). · cites it 4× “Before reviewing the matter of fair consideration as required by Section 1336.03, Revised Code, a longstanding generalization deserves attention, as follows: “A person largely indebted cannot make a voluntary conveyance of his property without the most careful regard for the…”
Staats v. Palermini (In Re Palermini), 113 B.R. 380 (Bankr. S.D. Ohio 1990). · cites it 5× “’ Ohio Rev.Code Ann. § 1336.03 (Anderson 1979).”
Hunter v. Hansen (In Re Hansen), 114 B.R. 927 (Bankr. N.D. Ohio 1990). · cites it 2× “The Defendant also cites O.R.C. § 1336.03 in opposition to the Plaintiffs Motion for Summary Judgment.”
Cardiovascular & Thoracic Surgery of Canton, Inc. v. DiMazzio, 524 N.E.2d 915 (Ohio Ct. App. 1987). “” R.C. 1336.03. The trial court found that there was fair consideration for the conveyance as a matter of law.”
Show all 34 citing cases →
— Ohio Rev. Code § 1336.03(A) — 11 cases
Rieser v. Hayslip (In Re Canyon Sys. Corp.), 343 B.R. 615 (Bankr. S.D. Ohio 2006). “§ 548 (d)(2)(A)) or the UFTA (see Ohio Rev.Code Ann. § 1336.03(A)). Id. Application of the decisional framework described in the cases making up the second line of authority, which focuses on the discrete transfers between debtor and transferee rather than the totality of the…”
Slone v. Lassiter (In Re Grove-Merritt), 406 B.R. 778 (Bankr. S.D. Ohio 2009). “§ 548 (d)(2); ORC § 1336.03(A). In determining whether a transfer is supported by reasonably equivalent value, courts generally compare the value of property transferred with that which is received in exchange for the transfer.”
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). “” Ohio Rev.Code Ann. § 1336.03(A) (Anderson 2002).”
Daneman v. Stanley (In Re Stanley), 384 B.R. 788 (Bankr. S.D. Ohio 2008). “See Ohio Rev.Code Ann. § 1336.03(A) (“[V]alue does not include an unperformed promise made otherwise than in the ordinary course of the business of the promisor to furnish support to the debtor or another person.”
Aristocrat Lakewood Nursing Home v. Mayne, 729 N.E.2d 768 (Ohio Ct. App. 1999).
— Ohio Rev. Code § 1336.03(B) — 1 case
Ransier v. McFarland (In Re McFarland), 170 B.R. 613 (Bankr. S.D. Ohio 1994). “Neither was there any constructive fraud because payment of an antecedent debt can be reasonably equivalent value within the meaning of Ohio Rev.Code § 1336.03(B). In addition, the “transfer” by payment is clearly outside any preference period.”
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