Utah Code » Title 25, Chapter 6 — Uniform Voidable Transactions Act; part 25-6-2 — Voidable Transfer or Obligation
Utah Code

Utah Code § 25-6-202 (2026)

Voidable transfer or obligation -- Present or future creditor -- Determination of intent -- Burden of proof

✓ current as of May 2026
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A transfer made or obligation incurred by a debtor is voidable as to a creditor, whether the creditor's claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation:
with actual intent to hinder, delay, or defraud any creditor of the debtor; or
without receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor:
was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction; or
intended to incur, or believed or reasonably should have believed that the debtor would incur, debts beyond the debtor's ability to pay as they became due.
To determine "actual intent" under Subsection (1)(a), consideration may be given, among other factors, to whether:
the transfer or obligation was to an insider;
the debtor retained possession or control of the property transferred after the transfer;
the transfer or obligation was disclosed or concealed;
before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit;
the transfer was of substantially all the debtor's assets;
the debtor absconded;
the debtor removed or concealed assets;
the value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred;
the debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred;
the transfer occurred shortly before or shortly after a substantial debt was incurred; and
the debtor transferred the essential assets of the business to a lienor that transferred the assets to an insider of the debtor.
A creditor making a claim for relief under Subsection (1) has the burden of proving the elements of the claim for relief by a preponderance of the evidence.
Notes of Decisions
Cited in 57 cases (55 in the last 5 years), 2020–2026 · leading case: Com. Club v. Global Rescue, 2023 UT App 37 (Utah Ct. App. 2023).
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Com. Club v. Global Rescue, 2023 UT App 37 (Utah Ct. App. 2023). · cites it 13× “The court ruled that “a fraudulent transfer based on ‘actual intent to hinder, delay, or defraud any creditor’ ( Utah Code Ann. § 25-6-202 (1)(a)) [as alleged in Claim 3], if proven, may constitute an improper means for a tortious interference claim because it involves conduct…”
Jones v. Mackey Price, 2020 UT 25 (Utah 2020). · cites it 3× “See UTAH CODE § 25-6-202. Under the current version of the statute (effective May 2017), a transfer made with “actual intent to hinder, delay, or defraud” is not “fraudulent” but merely “voidable.”
Hafen v. Howell, 121 F.4th 1191 (10th Cir. 2024). “” Utah Code Ann. § 25-6-202 (1), (3) (West 2024).”
Willow Creek Assoc. v. HY Barr Inc., 2021 UT App 116 (Utah Ct. App. 2021). “§ 25-6-202 to Void Fraudulent Conveyance,” “Alter Ego,” and “Declaratory Relief per U.”
Klein v. Plaskolite (D. Utah 2024). · cites it 32× “183 Utah Code Ann. § 25-6-202 (1)(a) (2017) (formerly Utah Code Ann.”
Klein v. Shepard (D. Utah 2022). · cites it 31× “103 Utah Code Ann. §§ 25-6-202 (1), -203(1) (formerly numbered as Utah Code Ann.”
AAAG California v. Kisana (D. Utah 2021). · cites it 16× “The Receiver seeks to set aside the transfer of the 2015 BMW X3 under Utah Code Section 25-6-202(1), which provides that A transfer made or obligation incurred by a debtor is voidable as to a creditor, whether the creditor's claim arose before or after the transfer was made or…”
Klein v. Shepard (D. Utah 2021). · cites it 14× “71 Summary judgment in favor of the Receiver and against Trudy Shepherd on the Receiver’s First cause of action—finding the transfers were made with “actual intent to hinder, delay, or defraud”—is appropriate.”
Klein v. Turner (D. Utah 2021). · cites it 14× “67 Utah Code Ann. § 25-6-202 (1)(a); Utah Code Ann.”
Klein v. Kerr (D. Utah 2021). · cites it 14× “68 Utah Code Ann. § 25-6-202 (1)(a); Utah Code Ann.”
Klein v. Jones (D. Utah 2021). · cites it 14× “The statutes are substantially similar; any differences do not affect the disposition of the Receiver’s Motion for Summary Judgment.”
Klein v. Roe (D. Utah 2021). · cites it 14× “67 Utah Code Ann. § 25-6-202 (1)(a); Utah Code Ann.”
Show all 57 citing cases →
— Utah Code § 25-6-202(1) — 8 cases
Com. Club v. Global Rescue, 2023 UT App 37 (Utah Ct. App. 2023). “The court ruled that “a fraudulent transfer based on ‘actual intent to hinder, delay, or defraud any creditor’ ( Utah Code Ann. § 25-6-202 (1)(a)) [as alleged in Claim 3], if proven, may constitute an improper means for a tortious interference claim because it involves conduct…”
Jones v. Mackey Price, 2020 UT 25 (Utah 2020). “See UTAH CODE § 25-6-202. Under the current version of the statute (effective May 2017), a transfer made with “actual intent to hinder, delay, or defraud” is not “fraudulent” but merely “voidable.”
Sorensen v. Crossland, 2024 UT App 41 (Utah Ct. App. 2024).
LuMee LLC v. Fernandez (Bankr. D. Utah 2023).
AAAG California v. Kisana (D. Utah 2021). “The Receiver seeks to set aside the transfer of the 2015 BMW X3 under Utah Code Section 25-6-202(1), which provides that A transfer made or obligation incurred by a debtor is voidable as to a creditor, whether the creditor's claim arose before or after the transfer was made or…”
— Utah Code § 25-6-202(1)(a) — 10 cases
Com. Club v. Global Rescue, 2023 UT App 37 (Utah Ct. App. 2023). “The court ruled that “a fraudulent transfer based on ‘actual intent to hinder, delay, or defraud any creditor’ ( Utah Code Ann. § 25-6-202 (1)(a)) [as alleged in Claim 3], if proven, may constitute an improper means for a tortious interference claim because it involves conduct…”
Klein v. Plaskolite (D. Utah 2024). “183 Utah Code Ann. § 25-6-202 (1)(a) (2017) (formerly Utah Code Ann.”
Asphalt Trader Ltd. v. Beall (D. Utah 2021).
Klein v. Shepard (D. Utah 2022). “103 Utah Code Ann. §§ 25-6-202 (1), -203(1) (formerly numbered as Utah Code Ann.”
Chaturvedi v. Orbcomm Inc. (D. Utah 2023).
— Utah Code § 25-6-202(1)(b) — 3 cases
Com. Club v. Global Rescue, 2023 UT App 37 (Utah Ct. App. 2023). “The court ruled that “a fraudulent transfer based on ‘actual intent to hinder, delay, or defraud any creditor’ ( Utah Code Ann. § 25-6-202 (1)(a)) [as alleged in Claim 3], if proven, may constitute an improper means for a tortious interference claim because it involves conduct…”
Klein v. Plaskolite (D. Utah 2024). “183 Utah Code Ann. § 25-6-202 (1)(a) (2017) (formerly Utah Code Ann.”
LuMee LLC v. Fernandez (Bankr. D. Utah 2023).
— Utah Code § 25-6-202(2) — 6 cases
Klein v. Plaskolite (D. Utah 2024). “183 Utah Code Ann. § 25-6-202 (1)(a) (2017) (formerly Utah Code Ann.”
Moglia (D. Utah 2026).
LuMee LLC v. Fernandez (Bankr. D. Utah 2023).
AAAG California v. Kisana (D. Utah 2021).
AAAG California v. Kisana (D. Utah 2021). “The Receiver seeks to set aside the transfer of the 2015 BMW X3 under Utah Code Section 25-6-202(1), which provides that A transfer made or obligation incurred by a debtor is voidable as to a creditor, whether the creditor's claim arose before or after the transfer was made or…”
— Utah Code § 25-6-202(2)(a) — 4 cases
Klein v. Shepard (D. Utah 2022). “103 Utah Code Ann. §§ 25-6-202 (1), -203(1) (formerly numbered as Utah Code Ann.”
AAAG California v. Kisana (D. Utah 2021).
AAAG California v. Kisana (D. Utah 2021). “The Receiver seeks to set aside the transfer of the 2015 BMW X3 under Utah Code Section 25-6-202(1), which provides that A transfer made or obligation incurred by a debtor is voidable as to a creditor, whether the creditor's claim arose before or after the transfer was made or…”
Klein v. Plaskolite (D. Utah 2024). “183 Utah Code Ann. § 25-6-202 (1)(a) (2017) (formerly Utah Code Ann.”
— Utah Code § 25-6-202(2)(c) — 3 cases
AAAG California v. Kisana (D. Utah 2021). “The Receiver seeks to set aside the transfer of the 2015 BMW X3 under Utah Code Section 25-6-202(1), which provides that A transfer made or obligation incurred by a debtor is voidable as to a creditor, whether the creditor's claim arose before or after the transfer was made or…”
Klein v. Plaskolite (D. Utah 2024). “183 Utah Code Ann. § 25-6-202 (1)(a) (2017) (formerly Utah Code Ann.”
AAAG California v. Kisana (D. Utah 2021).
— Utah Code § 25-6-202(2)(d) — 1 case
AAAG California v. Kisana (D. Utah 2021). “The Receiver seeks to set aside the transfer of the 2015 BMW X3 under Utah Code Section 25-6-202(1), which provides that A transfer made or obligation incurred by a debtor is voidable as to a creditor, whether the creditor's claim arose before or after the transfer was made or…”
— Utah Code § 25-6-202(2)(g) — 1 case
AAAG California v. Kisana (D. Utah 2021). “The Receiver seeks to set aside the transfer of the 2015 BMW X3 under Utah Code Section 25-6-202(1), which provides that A transfer made or obligation incurred by a debtor is voidable as to a creditor, whether the creditor's claim arose before or after the transfer was made or…”
— Utah Code § 25-6-202(2)(h) — 1 case
AAAG California v. Kisana (D. Utah 2021). “The Receiver seeks to set aside the transfer of the 2015 BMW X3 under Utah Code Section 25-6-202(1), which provides that A transfer made or obligation incurred by a debtor is voidable as to a creditor, whether the creditor's claim arose before or after the transfer was made or…”
— Utah Code § 25-6-202(2)(i) — 3 cases
AAAG California v. Kisana (D. Utah 2021). “The Receiver seeks to set aside the transfer of the 2015 BMW X3 under Utah Code Section 25-6-202(1), which provides that A transfer made or obligation incurred by a debtor is voidable as to a creditor, whether the creditor's claim arose before or after the transfer was made or…”
AAAG California v. Kisana (D. Utah 2021).
Klein v. Shepard (D. Utah 2022). “103 Utah Code Ann. §§ 25-6-202 (1), -203(1) (formerly numbered as Utah Code Ann.”
— Utah Code § 25-6-202(2)(j) — 1 case
AAAG California v. Kisana (D. Utah 2021). “The Receiver seeks to set aside the transfer of the 2015 BMW X3 under Utah Code Section 25-6-202(1), which provides that A transfer made or obligation incurred by a debtor is voidable as to a creditor, whether the creditor's claim arose before or after the transfer was made or…”
— Utah Code § 25-6-202(3) — 3 cases
Jones v. Mackey Price, 2020 UT 25 (Utah 2020). “See UTAH CODE § 25-6-202. Under the current version of the statute (effective May 2017), a transfer made with “actual intent to hinder, delay, or defraud” is not “fraudulent” but merely “voidable.”
LuMee LLC v. Fernandez (Bankr. D. Utah 2023).
AAAG California v. Kisana (D. Utah 2021).
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