(A) A transfer made or an 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 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.
(B) A transfer made or an 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 transfer was made to or the obligation was incurred with respect 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.
Rieser v. Hayslip (In Re Canyon Sys. Corp.), 343 B.R. 615 (Bankr. S.D. Ohio 2006). · cites it 10ד, Ohio Rev. Code Ann. § 1336.05 , which provides that a transfer is avoidable if the debtor made the transfer “without receiving reasonably equivalent value in exchange for the transfer”].”
Weaner & Assocs., L.L.C. v. 369 W. First, L.L.C., 2020 Ohio 48 (Ohio Ct. App. 2020). · cites it 19דPlaintiffs have said that they agree with Defendants that the trial court erroneously granted relief under R.C. 1336.05 with respect to the November 2015 transfers to NW and Olympia.”
Tricarichi v. Comm'r, 2015 T.C. Memo. 201 (Tax Ct. 2015). · cites it 14דOUFTA section 1336.04(A)(1) , the actual fraud provision, applies in the case of any creditor regardless of whether his "claim * * * arose before or after the transfer was made.”
Daneman v. Stanley (In Re Stanley), 384 B.R. 788 (Bankr. S.D. Ohio 2008). · cites it 6ד…the debtor was insolvent at that time, and the insider had reasonable cause to believe that the debtor was insolvent. Ohio Rev.Code Ann. § 1336.05.”
Premier Therapy, L.L.C v. Childs, 2016 Ohio 7934 (Ohio Ct. App. 2016). · cites it 3דConstructive fraud is also addressed in R.C. 1336.05. For instance, R.C. 1336.05(A) provides a transfer is fraudulent as to a creditor, whose claim arose before the transfer, if the debtor made the transfer without receiving a reasonably equivalent value in exchange for the…”
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 3דOhio Rev.Code § 1336.05. 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.”
Silagy v. Gagnon (In Re Gabor), 280 B.R. 149 (Bankr. N.D. Ohio 2002). · cites it 3דAt least two of these creditors had claims prior to the date of the transfer.”
James v. McCoy, 56 F. Supp. 2d 919 (S.D. Ohio 1998). · cites it 9דFor a violation of § 1336.05(A) or § 1336.04(A)(2), the action must be brought within four years after the transfer was made or the obligation was incurred.”
Commonwealth Land Title Ins. Co. v. Choice Title Agency, Inc., 2012 Ohio 2824 (Ohio Ct. App. 2012). · cites it 8דMARUNA] ON ITS CLAIM FOR FRAUDULENT TRANSFER UNDER R.C. §1336.05. [MS. MARUNA] TRANSFERRED HER INTEREST IN THE MARUNA PROPERTIES WITHOUT RECEIVING A REASONABLY EQUIVALENT VALUE IN EXCHANGE FOR THE TRANSFER AND SHE BECAME INSOLVENT AS A RESULT OF THE TRANSFER.”
Weaner & Assocs., L.L.C. v. 369 W. First, L.L.C., 2020 Ohio 48 (Ohio Ct. App. 2020). “Plaintiffs have said that they agree with Defendants that the trial court erroneously granted relief under R.C. 1336.05 with respect to the November 2015 transfers to NW and Olympia.”
Rieser v. Hayslip (In Re Canyon Sys. Corp.), 343 B.R. 615 (Bankr. S.D. Ohio 2006). “, Ohio Rev. Code Ann. § 1336.05 , which provides that a transfer is avoidable if the debtor made the transfer “without receiving reasonably equivalent value in exchange for the transfer”].”
Premier Therapy, L.L.C v. Childs, 2016 Ohio 7934 (Ohio Ct. App. 2016). “Constructive fraud is also addressed in R.C. 1336.05. For instance, R.C. 1336.05(A) provides a transfer is fraudulent as to a creditor, whose claim arose before the transfer, if the debtor made the transfer without receiving a reasonably equivalent value in exchange for the…”
James v. McCoy, 56 F. Supp. 2d 919 (S.D. Ohio 1998). “For a violation of § 1336.05(A) or § 1336.04(A)(2), the action must be brought within four years after the transfer was made or the obligation was incurred.”
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