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Ohio Revised Code

Ohio Rev. Code § 1336.08 (2026)

Bona fide transfers - voidable transfers

✓ current as of May 2026
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Effective:
July 1, 2001
Latest Legislation:
Senate Bill 74 - 124th General Assembly
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(A) A transfer or an obligation is not fraudulent under division (A)(1) of section 1336.04 of the Revised Code against a person who took in good faith and for a reasonably equivalent value or against any subsequent transferee or obligee.

(B)(1) Except as otherwise provided in this section, to the extent a transfer is voidable in an action by a creditor or a child support enforcement agency under division (A)(1) of section 1336.07 of the Revised Code, the creditor or agency may recover a judgment for the value of the asset transferred, as adjusted under division (B)(2) of this section, or the amount necessary to satisfy the claim of the creditor or agency, whichever is less. The judgment may be entered against either of the following:

(a) The first transferee of the asset or the person for whose benefit the transfer was made;

(b) Any subsequent transferee other than a good faith transferee who took for value or from any subsequent transferee.

(2) If the judgment under division (B)(1) of this section is based upon the value of the asset transferred, the judgment shall be in an amount equal to the value of the asset at the time of the transfer, subject to adjustment as the equities may require.

(C) Notwithstanding the voidability of a transfer or an obligation under division (A)(1) of section 1336.07 of the Revised Code, a good faith transferee or obligee is entitled, to the extent of the value given to the debtor for the transfer or obligation, to any of the following:

(1) A lien on or a right to retain any interest in the asset transferred;

(2) Enforcement of any obligation incurred;

(3) A reduction in the amount of the liability on the judgment.

(D) A transfer is not fraudulent under division (A)(2) of section 1336.04 or section 1336.05 of the Revised Code if the transfer results from either of the following:

(1) Termination of a lease upon default by the debtor when the termination is pursuant to the lease and applicable law;

(2) Enforcement of a security interest in compliance with section sections 1309.601 to 1309.604 of the Revised Code.

(E) A transfer is not fraudulent under division (B) of section 1336.05 of the Revised Code as follows:

(1) To the extent the insider gave new value to or for the benefit of the debtor after the transfer was made, unless the new value was secured by a valid lien;

(2) If made in the ordinary course of business or financial affairs of the debtor and the insider;

(3) If made pursuant to a good faith effort to rehabilitate the debtor and the transfer secured present value given for that purpose as well as an antecedent debt of the debtor.
Notes of Decisions
Cited in 46 cases (7 in the last 5 years), 1991–2026 · leading case: Slone v. Lassiter (In Re Grove-Merritt), 406 B.R. 778 (Bankr. S.D. Ohio 2009).
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Slone v. Lassiter (In Re Grove-Merritt), 406 B.R. 778 (Bankr. S.D. Ohio 2009). · cites it 24× “The Defendant Has Failed to Establish Affirmative Defenses Under § 548(c), ORC § 1336.08, and § 550(e) While the Defendant has argued that he is entitled to the protection of the affirmative defenses of having provided value to the Debtor in exchange for or subsequent to the…”
Bates Recycling, Inc. v. Conaway, 2018 Ohio 5056 (Ohio Ct. App. 2018). · cites it 8× “{¶ 13} R.C. 1336.08(A) provides a defense for good faith purchasers against liability for a fraudulent conveyance and reads as follows: (A) A transfer or an obligation is not fraudulent under division (A)(1) of section 1336.”
Premier Therapy, L.L.C v. Childs, 2016 Ohio 7934 (Ohio Ct. App. 2016). · cites it 6× “08 provides in part: (B)(1) Except as otherwise provided in this section, to the extent a transfer is voidable in an action by a creditor or a child support enforcement agency under division (A)(1) of section 1336.07 of the Revised Code, the creditor or agency may recover a…”
Rieser v. Hayslip (In Re Canyon Sys. Corp.), 343 B.R. 615 (Bankr. S.D. Ohio 2006). · cites it 5× “See Ohio Rev.Code Ann. § 1336.08. The Trustee did not seek summary judgment as to the availability of this defense to the Defendants.”
UBS Fin. servs., Inc. v. Lacava, 2018 Ohio 3165 (Ohio Ct. App. 2018). · cites it 8× “R.C. 1336.08 {¶45} In its fourth assignment of error, AIM argues that the trial court erred in applying R.”
Ransier v. McFarland (In Re McFarland), 170 B.R. 613 (Bankr. S.D. Ohio 1994). · cites it 4× “§ 550 (d) or Ohio Rev. Code § 1336.08. Under Ohio Rev.”
Commonwealth Land Title Ins. Co. v. Choice Title Agency, Inc., 2012 Ohio 2824 (Ohio Ct. App. 2012). · cites it 10× “{¶11} A creditor does not need to prove intent on the part of the transferee to establish a claim for fraudulent conveyance, but transferees may prove defenses to the claim and assert their rights as described in R.C. 1336.08. See Ford v. Star Bank, N.A.”
Brian Bash v. Textron Fin. Corp., 834 F.3d 651 (6th Cir. 2016). “See Ohio Rev. Code § 1336.08(A) ("A transfer or obligation is not fraudulent .”
Aristocrat Lakewood Nursing Home v. Mayne, 729 N.E.2d 768 (Ohio Ct. App. 1999). · cites it 3× “R.C. 1336.08 specifically limits the recovery by a creditor under such circumstances and provides: “(B)(1) Except as otherwise provided in this section, to the extent a transfer is voidable in an action by a creditor under division (A)(1) of 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 4× “See Ohio Rev.Code Ann. § 1336.04(A)(2)(a) and (b).”
UBS Fin. Servs., Inc. v. Lacava, 2018 Ohio 3276 (Ohio Ct. App. 2018). · cites it 5× “07, first in applying the limitations of R.C. 1336.08. VI. The trial court made plain error by violating the doctrine of separation of powers, not following the statutory language that is limited to one (1) of the remedies listed in (A)(1) in R.”
Individual Bus. Servs. v. Carmack, 2013 Ohio 4819 (Ohio Ct. App. 2013). · cites it 5× “{¶ 42} R.C. 1336.08 (B) provides guidance regarding the compensation due a creditor harmed by a fraudulent transfer.”
Show all 46 citing cases →
— Ohio Rev. Code § 1336.08(A) — 20 cases
Bates Recycling, Inc. v. Conaway, 2018 Ohio 5056 (Ohio Ct. App. 2018). “{¶ 13} R.C. 1336.08(A) provides a defense for good faith purchasers against liability for a fraudulent conveyance and reads as follows: (A) A transfer or an obligation is not fraudulent under division (A)(1) of section 1336.”
Slone v. Lassiter (In Re Grove-Merritt), 406 B.R. 778 (Bankr. S.D. Ohio 2009). “The Defendant Has Failed to Establish Affirmative Defenses Under § 548(c), ORC § 1336.08, and § 550(e) While the Defendant has argued that he is entitled to the protection of the affirmative defenses of having provided value to the Debtor in exchange for or subsequent to the…”
Brian Bash v. Textron Fin. Corp., 834 F.3d 651 (6th Cir. 2016). “See Ohio Rev. Code § 1336.08(A) ("A transfer or obligation is not fraudulent .”
Premier Therapy, L.L.C v. Childs, 2016 Ohio 7934 (Ohio Ct. App. 2016). “08 provides in part: (B)(1) Except as otherwise provided in this section, to the extent a transfer is voidable in an action by a creditor or a child support enforcement agency under division (A)(1) of section 1336.07 of the Revised Code, the creditor or agency may recover a…”
United States v. Long, 121 F. Supp. 3d 763 (N.D. Ohio 2014).
— Ohio Rev. Code § 1336.08(B) — 8 cases
Premier Therapy, L.L.C v. Childs, 2016 Ohio 7934 (Ohio Ct. App. 2016). “08 provides in part: (B)(1) Except as otherwise provided in this section, to the extent a transfer is voidable in an action by a creditor or a child support enforcement agency under division (A)(1) of section 1336.07 of the Revised Code, the creditor or agency may recover a…”
Francisco A. Mateo M.D., Inc. v. Proia, 2023 Ohio 3908 (Ohio Ct. App. 2023).
UBS Fin. Servs., Inc. v. Lacava, 2018 Ohio 3276 (Ohio Ct. App. 2018). “07, first in applying the limitations of R.C. 1336.08. VI. The trial court made plain error by violating the doctrine of separation of powers, not following the statutory language that is limited to one (1) of the remedies listed in (A)(1) in R.”
Greenwald v. Latham & Watkins (In Re Trans-End Tech., Inc.), 230 B.R. 101 (Bankr. N.D. Ohio 1998).
Commonwealth Land Title Ins. Co. v. Choice Title Agency, Inc., 2012 Ohio 2824 (Ohio Ct. App. 2012). “{¶11} A creditor does not need to prove intent on the part of the transferee to establish a claim for fraudulent conveyance, but transferees may prove defenses to the claim and assert their rights as described in R.C. 1336.08. See Ford v. Star Bank, N.A.”
— Ohio Rev. Code § 1336.08(B)(1) — 6 cases
UBS Fin. servs., Inc. v. Lacava, 2018 Ohio 3165 (Ohio Ct. App. 2018). “R.C. 1336.08 {¶45} In its fourth assignment of error, AIM argues that the trial court erred in applying R.”
Comer v. Calim, 716 N.E.2d 245 (Ohio Ct. App. 1998).
Brown Bark II, L.P. v. Coakley, 934 N.E.2d 991 (Ohio Ct. App. 2010).
Van-Am. Ins. v. Schiappa, 724 N.E.2d 1232 (Ohio Ct. App. 1999).
Concord Vill. Skilled Nursing & Rehab., Ltd. v. Lundquist, 2025 Ohio 5097 (Ohio Ct. App. 2025).
— Ohio Rev. Code § 1336.08(B)(1)(a) — 3 cases
UBS Fin. servs., Inc. v. Lacava, 2018 Ohio 3165 (Ohio Ct. App. 2018). “R.C. 1336.08 {¶45} In its fourth assignment of error, AIM argues that the trial court erred in applying R.”
Brown Bark II, L.P. v. Coakley, 934 N.E.2d 991 (Ohio Ct. App. 2010).
Montefiore Home v. Fields, 2021 Ohio 3734 (Ohio Ct. App. 2021).
— Ohio Rev. Code § 1336.08(B)(1)(b) — 1 case
UBS Fin. servs., Inc. v. Lacava, 2018 Ohio 3165 (Ohio Ct. App. 2018). “R.C. 1336.08 {¶45} In its fourth assignment of error, AIM argues that the trial court erred in applying R.”
— Ohio Rev. Code § 1336.08(B)(2) — 1 case
Individual Bus. Servs. v. Carmack, 2013 Ohio 4819 (Ohio Ct. App. 2013). “{¶ 42} R.C. 1336.08 (B) provides guidance regarding the compensation due a creditor harmed by a fraudulent transfer.”
— Ohio Rev. Code § 1336.08(C) — 1 case
Ransier v. McFarland (In Re McFarland), 170 B.R. 613 (Bankr. S.D. Ohio 1994). “§ 550 (d) or Ohio Rev. Code § 1336.08. Under Ohio Rev.”
— Ohio Rev. Code § 1336.08(E)(2) — 1 case
Comer v. Calim, 716 N.E.2d 245 (Ohio Ct. App. 1998).
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