Utah Code
Utah Code § 25-6-202 (2026)
Voidable transfer or obligation -- Present or future creditor -- Determination of intent -- Burden of proof
✓ laws through the 2026 General Session (checked Sept. 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.
Renumbered and Amended by Chapter 204, 2017 General Session
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, 529 P.3d 382.
Com. Club v. Global Rescue, 2023 UT App 37, 529 P.3d 382. “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, 469 P.3d 879. “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, 501 P.3d 1179. “§ 25-6-202 to Void Fraudulent Conveyance,” “Alter Ego,” and “Declaratory Relief per U.”
Klein v. Plaskolite, No. 2:19-cv-00832 (D. Utah Sept. 20, 2024). “183 Utah Code Ann. § 25-6-202 (1)(a) (2017) (formerly Utah Code Ann.”
Klein v. Shepard, No. 2:19-cv-00533 (D. Utah July 5, 2022). “103 Utah Code Ann. §§ 25-6-202 (1), -203(1) (formerly numbered as Utah Code Ann.”
AAAG California v. Kisana, 553 F. Supp. 3d 1042 (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. Shepard, No. 2:19-cv-00695 (D. Utah Apr. 15, 2021). “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, No. 2:19-cv-00767 (D. Utah Apr. 16, 2021). “67 Utah Code Ann. § 25-6-202 (1)(a); Utah Code Ann.”
Klein v. Kerr, No. 2:19-cv-00768 (D. Utah Apr. 19, 2021). “68 Utah Code Ann. § 25-6-202 (1)(a); Utah Code Ann.”
Klein v. Jones, No. 2:19-cv-00693 (D. Utah Apr. 15, 2021). “The statutes are substantially similar; any differences do not affect the disposition of the Receiver’s Motion for Summary Judgment.”
Klein v. Roe, No. 2:19-cv-00719 (D. Utah Apr. 16, 2021). “67 Utah Code Ann. § 25-6-202 (1)(a); Utah Code Ann.”
Utah Code § 25-6-202(1): 8 cases
Com. Club v. Global Rescue, 2023 UT App 37, 529 P.3d 382. “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, 469 P.3d 879. “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, 547 P.3d 850.
LuMee LLC v. Fernandez, No. 21-02064 (Bankr. D. Utah Dec. 22, 2023).
AAAG California v. Kisana, 553 F. Supp. 3d 1042 (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, 529 P.3d 382. “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, No. 2:19-cv-00832 (D. Utah Sept. 20, 2024). “183 Utah Code Ann. § 25-6-202 (1)(a) (2017) (formerly Utah Code Ann.”
Asphalt Trader Ltd. v. Beall, No. 1:20-cv-00155 (D. Utah Sept. 10, 2021).
Klein v. Shepard, No. 2:19-cv-00533 (D. Utah July 5, 2022). “103 Utah Code Ann. §§ 25-6-202 (1), -203(1) (formerly numbered as Utah Code Ann.”
Chaturvedi v. Orbcomm Inc., No. 2:20-cv-00914 (D. Utah Mar. 30, 2023).
Utah Code § 25-6-202(1)(b): 3 cases
Com. Club v. Global Rescue, 2023 UT App 37, 529 P.3d 382. “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, No. 2:19-cv-00832 (D. Utah Sept. 20, 2024). “183 Utah Code Ann. § 25-6-202 (1)(a) (2017) (formerly Utah Code Ann.”
LuMee LLC v. Fernandez, No. 21-02064 (Bankr. D. Utah Dec. 22, 2023).
Utah Code § 25-6-202(2): 6 cases
Klein v. Plaskolite, No. 2:19-cv-00832 (D. Utah Sept. 20, 2024). “183 Utah Code Ann. § 25-6-202 (1)(a) (2017) (formerly Utah Code Ann.”
Moglia, No. 1:25-cv-00086 (D. Utah May 28, 2026).
LuMee LLC v. Fernandez, No. 21-02064 (Bankr. D. Utah Dec. 22, 2023).
AAAG California v. Kisana, No. 2:20-cv-00026 (D. Utah Feb. 18, 2021).
AAAG California v. Kisana, 553 F. Supp. 3d 1042 (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, No. 2:19-cv-00533 (D. Utah July 5, 2022). “103 Utah Code Ann. §§ 25-6-202 (1), -203(1) (formerly numbered as Utah Code Ann.”
AAAG California v. Kisana, No. 2:20-cv-00026 (D. Utah Feb. 18, 2021).
AAAG California v. Kisana, 553 F. Supp. 3d 1042 (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, No. 2:19-cv-00832 (D. Utah Sept. 20, 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, 553 F. Supp. 3d 1042 (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, No. 2:19-cv-00832 (D. Utah Sept. 20, 2024). “183 Utah Code Ann. § 25-6-202 (1)(a) (2017) (formerly Utah Code Ann.”
AAAG California v. Kisana, No. 2:20-cv-00026 (D. Utah Feb. 18, 2021).
Utah Code § 25-6-202(2)(d): 1 case
AAAG California v. Kisana, 553 F. Supp. 3d 1042 (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, 553 F. Supp. 3d 1042 (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, 553 F. Supp. 3d 1042 (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, 553 F. Supp. 3d 1042 (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, No. 2:20-cv-00026 (D. Utah Feb. 18, 2021).
Klein v. Shepard, No. 2:19-cv-00533 (D. Utah July 5, 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, 553 F. Supp. 3d 1042 (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, 469 P.3d 879. “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, No. 21-02064 (Bankr. D. Utah Dec. 22, 2023).
AAAG California v. Kisana, No. 2:20-cv-00026 (D. Utah Feb. 18, 2021).
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