Rhode Island General Laws

R.I. Gen. Laws § 6-16-5 (2026)

Transfers or obligations voidable as to present creditors

✓ current as of July 2026

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(a) A transfer made or obligation incurred by a debtor is voidable 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 by a debtor is voidable as to a creditor whose claim arose before the transfer was made if the transfer was made 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.

(c) Subject to § 6-16-2(b), a creditor making a claim for relief under subsection (a) or (b) of this section has the burden of proving the elements of the claim for relief by a preponderance of the evidence.

Notes of Decisions

Cited in 9 cases (1 in the last 5 years), 1994–2025 · leading case: Nisenzon v. Sadowski, 689 A.2d 1037 (R.I. 1997).

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Nisenzon v. Sadowski, 689 A.2d 1037 (R.I. 1997). · cites it 2× “In pertinent part the Uniform Fraudulent Transfer Act, G.L.1956 § 6-16-5(a), as adopted in Rhode Island, provides as follows: “A transfer made * * * by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made * * * if the debtor made the transfer *…”

Zahn v. Yucaipa Capital Fund, 218 B.R. 656 (D.R.I. 1998). · cites it 2× “It is, however, required for Counts II and IV, which are based on UFTA § 5, R.I. Gen. Laws § 6-16-5, Cal. Civ.Code § 3439.”

Nat'l Hotel Assocs. Ex Rel. M.E. Venture Mgmt., Inc. v. O. Ahlborg & Sons, Inc., 827 A.2d 646 (R.I. 2003). · cites it 2× “]” Section 6-16-5 provides in pertinent part: "Transfers fraudulent as to present creditors.”

Rohm & Haas Co. v. Capuano, 301 F. Supp. 2d 156 (D.R.I. 2004). · cites it 2× “Laws § 6 — 16— 4(a)(2)) and Count III (brought under R.I. Gen. Laws § 6-16-5(a)) of the Plaintiffs Complaint must be dismissed because they are timebarred by the Act’s statute of limitations.”

Landmark Med. Ctr. v. Gauthier, 635 A.2d 1145 (R.I. 1994). “In addition, § 6-16-5(a) establishes that “A transfer made or 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…”

Richardson v. Preston (Antex, Inc.), 397 B.R. 168 (1st Cir. BAP 2008). “R.I. Gen. Laws § 6-16-5(a). 4 To prove that the payments were fraudulent transfers under the RIUFTA, the Trustee was required to establish the following: (1) there was a creditor who had a claim at the time of the subject transfer; (2) the Debtor made a transfer of property; (3)…”

Ivey, Barnum & O'Mara, LLC v. Bear, Stearns & Co. (In re Stanwich Fin. Servs. Corp.), 488 B.R. 829 (D. Conn. 2013). “Because I conclude that the Liquidating Agent has standing to pursue fraudulent conveyance claims against Bear Stearns and Hinckley Allen and that the case should be remanded to the Bankruptcy Court, I will not address the parties’ other arguments except to say that the…”

Rhode Island Depositors' Econ. Prot. Corp. v. Mollicone, 677 A.2d 1337 (R.I. 1996). “Further, § 6-16-5 of the act provides in pertinent part: “(a) A transfer made or 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…”

Lighthouse Masonry, Inc. v. Vision Constr. Mgmt., Inc. (D.R.I. 2025). · cites it 2× “See R.I. Gen Laws § 6-16-5(b). Defendants do not contest insolvency and admit that 110 North Main used proceeds from the Properties’ sale to pay Mr.”

— R.I. Gen. Laws § 6-16-5(a) — 5 cases

Nisenzon v. Sadowski, 689 A.2d 1037 (R.I. 1997). “In pertinent part the Uniform Fraudulent Transfer Act, G.L.1956 § 6-16-5(a), as adopted in Rhode Island, provides as follows: “A transfer made * * * by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made * * * if the debtor made the transfer *…”

Rohm & Haas Co. v. Capuano, 301 F. Supp. 2d 156 (D.R.I. 2004). “Laws § 6 — 16— 4(a)(2)) and Count III (brought under R.I. Gen. Laws § 6-16-5(a)) of the Plaintiffs Complaint must be dismissed because they are timebarred by the Act’s statute of limitations.”

— R.I. Gen. Laws § 6-16-5(b) — 1 case

Lighthouse Masonry, Inc. v. Vision Constr. Mgmt., Inc. (D.R.I. 2025). “See R.I. Gen Laws § 6-16-5(b). Defendants do not contest insolvency and admit that 110 North Main used proceeds from the Properties’ sale to pay Mr.”

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