Ohio Revised Code

Ohio Rev. Code § 1336.06 (2026)

When transfer made or obligation incurred

✓ 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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For the purposes of this chapter:

(A)(1) A transfer is made if either of the following applies:

(a) With respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, when the transfer is so far perfected that a good faith purchaser of the asset from the debtor against whom applicable law permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the interest of the transferee;

(b) With respect to an asset that is not real property or that is a fixture, when the transfer is so far perfected that a creditor on a simple contract cannot acquire a judicial lien otherwise than under this chapter that is superior to the interest of the transferee.

(2)(a) If applicable law permits the transfer to be perfected as provided in division (A) of this section and the transfer is not so perfected before the commencement of an action for relief arising out of a transfer that is fraudulent under section 1336.04 or 1336.05 of the Revised Code, the transfer is deemed made immediately before the commencement of the action.

(b) If applicable law does not permit the transfer to be perfected as provided in division (A) of this section, the transfer is made when it becomes effective between the debtor and the transferee.

(3) A transfer is not made until the debtor has acquired rights in the asset transferred.

(B) An obligation is incurred as follows:

(1) If oral, when it becomes effective between the parties;

(2) If evidenced by a writing, when the writing executed by the obligor is delivered to or for the benefit of the obligee.

Notes of Decisions

Cited in 17 cases (4 in the last 5 years), 1981–2026 · 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 7× “§ 548 (a)(2)(B)(ii); O.R.C. § 1336.06 with § 548(a)(2)(B)(iii)), contain a separate basis for liability, to wit: constructive fraud, predicated on insolvency at the time of a transfer, coupled with lack of adequate consideration or good faith transfer.”

Belfance v. Bushey (In Re Bushey), 210 B.R. 95 (6th Cir. BAP 1997). · cites it 9× “1986) (repealed), 1 notwithstanding that the account balance passed through zero between the challenged transfer and the bankruptcy filing; (3) whether a creditor with a continuously open credit card account is a “future” creditor under Ohio Rev.Code Ann. § 1336.06 and § 1336.07…”

Comer v. Calim, 716 N.E.2d 245 (Ohio Ct. App. 1998). · cites it 5× “The statutory basis of Calim’s argument is R.C. 1336.06, which determines when a transfer is made or an obligation incurred.”

Allan v. Allan, 2022 Ohio 1488 (Ohio Ct. App. 2022). · cites it 4× “3d 599, 604 , 716 N.E.2d 245 (1st Dist.1998). In determining whether a transfer is made under the Fraudulent Transfer Act, R.”

Ransier v. McFarland (In Re McFarland), 170 B.R. 613 (Bankr. S.D. Ohio 1994). · cites it 2× “See Ohio Rev. Code § 1336.06(A)(1)(a). At that time valid liens against the property consisted of a first mortgage in the amount of $658,858 and a second mortgage in the amount of $100,000.”

Toledo Trust Co. v. Poole (In Re Poole), 15 B.R. 422 (Bankr. N.D. Ohio 1981). · cites it 2× “Equitable insolvency is employed in Section 1336.06, Revised Code. The definition in Section 1336.”

Stein v. Brown, 480 N.E.2d 1121 (Ohio 1985). “” R.C. 1336.06 also states: “Every conveyance made and every obligation incurred without fair consideration, when the person making the conveyance or entering into the obligation intends or believes that he will incur debts beyond his ability to pay as they mature, is fraudulent…”

Cardiovascular & Thoracic Surgery of Canton, Inc. v. DiMazzio, 524 N.E.2d 915 (Ohio Ct. App. 1987). “” R.C. 1336.06, debts incurred beyond ability to pay, recites: “Every conveyance made and every obligation incurred without fair consideration, when the person making the conveyance or entering into the obligation intends or believes that he will incur debts beyond his ability…”

Aristocrat Lakewood Nursing Home v. Mayne, 729 N.E.2d 768 (Ohio Ct. App. 1999). “See former R.C. 1336.06; compare current R.C. 1336.04(A)(2)(b).”

Guernsey Cty. Cmty. Dev. Corp. v. Speedy, 2023 Ohio 1796 (Ohio Ct. App. 2023). “R.C. 1336.06(A)(1) states that a transfer of real property is made for purposes of Chapter 1336 “when the transfer is so far perfected that a good faith purchaser of the asset from the debtor against whom applicable law permits the transfer to be perfected cannot acquire an…”

Frayer Seed, Inc. v. Century 21 Fertilizer & Farm Chemicals, Inc., 555 N.E.2d 654 (Ohio Ct. App. 1988). “* * *” R.C. 1336.06 provides: “Every conveyance made and every obligation incurred without fair consideration, when the person making the conveyance or entering into the obligation intends or believes that he will incur debts beyond his ability to pay as they mature, is…”

Crocker v. Hood, 681 N.E.2d 460 (Ohio Ct. App. 1996). “R.C. 1336.06 deals with consideration and provided: “Every conveyance made and every obligation incurred without fair consideration, when the person making the conveyance or entering into the obligation intends or believes that he will incur debts beyond his ability to pay as…”

Show all 17 citing cases →

— Ohio Rev. Code § 1336.06(A)(1) — 1 case

Guernsey Cty. Cmty. Dev. Corp. v. Speedy, 2023 Ohio 1796 (Ohio Ct. App. 2023). “R.C. 1336.06(A)(1) states that a transfer of real property is made for purposes of Chapter 1336 “when the transfer is so far perfected that a good faith purchaser of the asset from the debtor against whom applicable law permits the transfer to be perfected cannot acquire an…”

— Ohio Rev. Code § 1336.06(A)(1)(a) — 1 case

Ransier v. McFarland (In Re McFarland), 170 B.R. 613 (Bankr. S.D. Ohio 1994). “See Ohio Rev. Code § 1336.06(A)(1)(a). At that time valid liens against the property consisted of a first mortgage in the amount of $658,858 and a second mortgage in the amount of $100,000.”

— Ohio Rev. Code § 1336.06(A)(1)(b) — 1 case

Montefiore Home v. Fields, 2021 Ohio 3734 (Ohio Ct. App. 2021).

— Ohio Rev. Code § 1336.06(A)(2)(a) — 3 cases

Allan v. Allan, 2022 Ohio 1488 (Ohio Ct. App. 2022). “3d 599, 604 , 716 N.E.2d 245 (1st Dist.1998). In determining whether a transfer is made under the Fraudulent Transfer Act, R.”

Comer v. Calim, 716 N.E.2d 245 (Ohio Ct. App. 1998). “The statutory basis of Calim’s argument is R.C. 1336.06, which determines when a transfer is made or an obligation incurred.”

Allan v. Allan, 2026 Ohio 1187 (Ohio Ct. App. 2026).

— Ohio Rev. Code § 1336.06(A)(2)(b) — 1 case

Comer v. Calim, 716 N.E.2d 245 (Ohio Ct. App. 1998). “The statutory basis of Calim’s argument is R.C. 1336.06, which determines when a transfer is made or an obligation incurred.”

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