Pa. Cons. Stat. » 12 Pa. Cons. Stat. (COMMERCE AND TRADE) / Chapter 51

12 Pa. Cons. Stat. § 5101

 Short title of chapter and definitions.

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PART IV

COMMERCIAL PROTECTION

 

Chapter

51.  Voidable Transactions

53.  Trade Secrets

55.  Legitimate Cannabis-related Business

56.  Self-service Storage Facilities

57.  Incentive-based Savings Program

 

Part Heading.  Part IV heading was added October 22, 2014, P.L.2569, No.161, effective in 60 days.

Prior Provisions.  Part IV (Reserved) heading was added November 27, 2013, P.L.1081, No.98, and repealed October 22, 2014, P.L.2569, No.161, effective in 60 days.

 

 

CHAPTER 51

VOIDABLE TRANSACTIONS

 

Sec.

5101.  Short title of chapter and definitions.

5102.  Insolvency.

5103.  Value.

5104.  Transfer or obligation voidable as to present or future creditor.

5105.  Transfer or obligation voidable as to present creditor.

5106.  When transfer is made or obligation is incurred.

5107.  Remedies of creditor.

5108.  Defenses, liability and protection of transferee or obligee.

5109.  Extinguishment of claim for relief.

5110.  Governing law.

5111.  Application to series organization.

5112.  Supplementary provisions.

5113.  Uniformity of application and construction.

5114.  Relation to Electronic Signatures in Global and National Commerce Act.

 

Enactment.  Chapter 51 was added December 3, 1993, P.L.479, No.70, effective in 60 days.

Chapter Heading.  The heading of Chapter 51 was amended December 22, 2017, P.L.1249, No.78, effective in 60 days.

Cross References.  Chapter 51 is referred to in section 368 of Title 15 (Corporations and Unincorporated Associations); section 4352 of Title 23 (Domestic Relations).

§ 5101.  Short title of chapter and definitions.

(a)  Short title of chapter.--This chapter, that was formerly cited as the Pennsylvania Uniform Fraudulent Transfer Act, shall be known and may be cited as the Pennsylvania Uniform Voidable Transactions Act.

(b)  Definitions.--The following words and phrases when used in this chapter shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Asset."  Property of a debtor. The term does not include:

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

(2)  property to the extent it is generally exempt under nonbankruptcy law; or

(3)  an interest in property held in tenancy by the entireties to the extent it is not subject to process by a creditor holding a claim against only one tenant.

"Claim."  Except as used in "claim for relief," 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.

"Creditor."  A person that has a claim.

"Debt."  Liability on a claim.

"Debtor."  A person that is liable on a claim.

"Electronic."  Relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities.

"Lien."  A charge against or an interest in property to secure payment of a debt or performance of an obligation. The term 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.

"Organization."  A person other than an individual.

"Person."  An individual, partnership, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, trust or instrumentality or other legal entity.

"Property."  Anything that may be the subject of ownership.

"Record."  Information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

"Sign."  With present intent to authenticate or adopt a record:

(1)  to execute or adopt a tangible symbol; or

(2)  to attach to or logically associate with the record an electronic symbol, sound or process.

"Transfer."  Every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with an asset or an interest in an asset. The term includes payment of money, release, lease, license and creation of a lien or other encumbrance.

"Valid lien."  A lien that is effective against the holder of a judicial lien subsequently obtained by legal or equitable process or proceedings.

(Dec. 22, 2017, P.L.1249, No.78, eff. 60 days)

 

2017 Amendment.  See section 7 of Act 78 in the appendix to this title for special provisions relating to applicability.

Notes of Decisions
Cited in 73 cases (20 in the last 5 years), 1996–2026 · leading case: Shearer v. Titus (In Re Titus)
Sort: Relevance Newest Treatment
Shearer v. Titus (In Re Titus) (2019) ca3 · cites it 3× “" 12 Pa. Cons. Stat. § 5101 (b). That predicate is satisfied here: The landlord held a claim against only one entireties tenant (Mr.”
United States v. Rocky Mountain Holdings, Inc. (2011) paed · cites it 4× “) The Fund and DS & P consented to judgment for the same amount as fraudulent transferees under the Pennsylvania Uniform Fraudulent Transfer Act (“PUFTA”), 12 Pa. Cons.Stat. § 5101 et seq. (Id.) These three Defendants were then dismissed from the case.”
Arrowsmith v. Lemberg Law, LLC (In re Health Diagnostics Laboratory, Inc.) (2017) vaeb · cites it 3× “, and 12 Pa. Cons. Stat. §§ 5101 , et seq. (the “Sixth Count”); and 7) injunctive relief under 11 U.”
Philadelphia Entertainment & Development Partners, LP v. Commonwealth of Pennsylvania Department of Revenue (2018) ca3 “§§ 548 (a)(1)(B) and 544(b) and under Pennsylvania’s Uniform Fraudulent Transfer Act (“PUFTA”), 12 Pa. Cons. Stat. §§ 5101 et seq. 1 Specifically, PEDP claimed that the “revocation of the License was a transfer for which [PEDP] received no value from the Commonwealth.”
718 Arch Street Associates, Ltd. v. Blatstein (In Re Blatstein) (1998) paed · cites it 4× “In these proceedings, Arch argued that: (1) Blatstein and Main fraudulently transferred to Columbuseo Main’s only asset— Philly Rock — in violation of the Pennsylvania Fraudulent Transfer Act, 12 Pa. Cons.Stat. §§ 5101 et seq.; (2) Blatstein should be denied his bankruptcy…”
Knoll, C. v. Uku, E. (2017) pasuperct · cites it 2× “” 12 Pa.C.S. § 5101(b). Thus, prior to the transfers, Uku had three assets, 241 Fourth Avenue, Pittsburgh, 8260 Chaske Street, Verona; and 3214 Farmington Road.”
Xtreme Caged Combat v. Zarros, M. (2021) pasuperct “On May 29, 2015, while Debtor’s bankruptcy was pending, Plaintiff1 filed the instant action against Defendants seeking relief against them under the Pennsylvania Uniform Fraudulent Transfer Act (PUFTA), 12 Pa.C.S. §§ 5101– 5110 (in effect February 1, 1994 to February 19, 2018).”
Finkel v. Polichuk (In re Polichuk) (2014) paeb “” 12 Pa.C.S. § 5101(b). For there to be a transfer, there must be an “asset” that was transferred.”
Dershaw v. Ciardi (In re Rite Way Electric, Inc.) (2014) paeb “12 Pa.C.S. § 5101 etseq. . Insolvency is mentioned but only in the next count, constructive fraud.”
Deborah Klein v. Douglas Weidner (2013) ca3 “With respect to whether “the transfer was of substantially all the debtor’s assets” under Section 5104(b)(5), Appellants contend that the Property did not constitute an asset because it was subject to a mortgage at the time of its transfer and the statutory definition of “Asset”…”
Holber v. Jacobs (In Re Jacobs) (2009) paeb · cites it 3× “C §§ 544, 11 550 and the Pennsylvania Uniform Fraudulent Transfer Act, 12 Pa.C.S. § 5101 et. seq.; AND, the parties agreeing that the following facts pertaining to Count IX of the Trustee’s Complaint are not in dispute: A.”
Hemstreet v. Brostmeyer (In Re Hemstreet) (2001) pawb · cites it 2× “§ 544 and 12 Pa.Cons.Stat. § 5101, et seq. Before the Court is Defendant’s, Jennifer Brostmeyer (“Brostmeyer”), Motion to Dismiss pursuant to Fed.”
Show all 73 citing cases →
— 12 Pa. Cons. Stat. § 5101(2) — 1 case
PHILADELPHIA ENTERTAINMENT AND DEVELOPMENT PARTNERS, LP v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE (2020) paed
— 12 Pa. Cons. Stat. § 5101(a) — 4 cases
McElnea, H. v. Estate of Jeffrey Van Slyke (2019) pasuperct
BURNS v. COOPER (2024) paed
Dedicated Nursing Assoc. v. Midwest Geriatric (2025) pasuperct
FELDMAN v. Lynch, Jr. (2025) paeb
— 12 Pa. Cons. Stat. § 5101(b) — 15 cases
Knoll, C. v. Uku, E. (2017) pasuperct “” 12 Pa.C.S. § 5101(b). Thus, prior to the transfers, Uku had three assets, 241 Fourth Avenue, Pittsburgh, 8260 Chaske Street, Verona; and 3214 Farmington Road.”
Finkel v. Polichuk (In re Polichuk) (2014) paeb “” 12 Pa.C.S. § 5101(b). For there to be a transfer, there must be an “asset” that was transferred.”
Deborah Klein v. Douglas Weidner (2013) ca3 “With respect to whether “the transfer was of substantially all the debtor’s assets” under Section 5104(b)(5), Appellants contend that the Property did not constitute an asset because it was subject to a mortgage at the time of its transfer and the statutory definition of “Asset”…”
Titus v. Shearer (2013) pawd
Eisenberg v. Pennsylvania State University (In re Lewis) (2017) paeb
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