Va. Code » Title 55.1. Property and Conveyances » Subtitle I. Property Conveyances » Chapter 4. Fraudulent and Voluntary Conveyances; Writings Necessary to Be Recorded
Virginia Code

Va. Code Ann. § 55.1-401 (2026)

Voluntary gifts, conveyances, assignments, transfers, or charges; void as to prior creditors

✓ current as of May 2026
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Every gift, conveyance, assignment, transfer, or charge that is not upon consideration deemed valuable in law, or that is upon consideration of marriage by an insolvent transferor or by a transferor who is thereby rendered insolvent, shall be void as to creditors whose debts were contracted at the time such gift, conveyance, assignment, transfer, or charge was made but shall not, on that account merely, be void as to creditors whose debts have been contracted, or as to purchasers who have purchased, after such gift, conveyance, assignment, transfer, or charge was made. Even though it is decreed to be void as to a prior creditor, because voluntary or upon consideration of marriage, it shall not, for that cause, be decreed to be void as to subsequent creditors or purchasers.

Code 1919, § 5185; Code 1950, § 55-81; 1988, c. 512; 2019, c. 712.

Notes of Decisions
Cited in 13 cases (13 in the last 5 years), 2021–2025 · leading case: Tavenner, as Chapter 7 Tr. v. ULX Partners, LLC (Bankr. E.D. Va. 2021).
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Tavenner, as Chapter 7 Tr. v. ULX Partners, LLC (Bankr. E.D. Va. 2021). · cites it 18× “” See Va. Code § 55.1-401. “[T]he ‘consideration deemed valuable in law’ standard set forth in Virginia Code § 55–81 [now, section 55.”
Jolene E. Wee, Plan Tr. of Unimex Corp. v. Yangzhou Putian Shoemaking Co., Ltd. (Bankr. E.D. Va. 2024). · cites it 13× “Va. Code § 55.1-401 and Solvency. The Trustee’s Complaint alleges that the Transfers made pursuant to the SRA, which were outside of the two-year reach back period under Bankruptcy Code Section 548(a), are constructively fraudulent under Virginia Code Section 55.”
Kubli v. Westwood Bldgs. L.P. (Va. 2021). · cites it 12× “1-400, voluntary conveyances in violation of Code § 55.1-401, 9 breach of fiduciary duty (against Grayson, Kubli, and Coleman only) under the trust fund doctrine, conversion (against Grayson only), statutory conspiracy under Code §§ 18.”
H. Jason Gold, in his capacity as chapter 7 truste v. DeAngelo (Bankr. E.D. Va. 2023). · cites it 8× “Count IV – Constructively Fraudulent Transfer (Va. Code § 55.1-401). Count II alleges that the Transfer is avoidable under Va.”
Moore v. Berry (Bankr. E.D. Va. 2022). · cites it 7× “The Plaintiffs cite Va. Code Ann. § 55.1-401 as the “applicable law” granting authority to avoid any transfers not specifically covered by § 548.”
Defot-Sido v. Carr (Bankr. E.D. Va. 2022). · cites it 7× “Count Six: Avoidance of Voluntary Transfer of House Under Va. Code § 55.1-401 Count Six also seeks to avoid the 2019 Deed, but under section 55.”
Defot-Sido v. Carr (E.D. Va. 2024). · cites it 6× “” Va. Code Ann. § 55.1-401 . Because Defot-Sido did not contract a debt with Carr until after the 2017 transfer, the Court affirms the dismissal of count VI.”
United States v. KOTZEV (E.D. Va. 2022). · cites it 3× “335, 340 (1995) (citing Va. Code § 55.1-401). Specifically, the elements designated by the state statute are: “(1) the transfer was not made upon consideration deemed valuable in law .”
Vaughn v. Gold (E.D. Va. 2025). · cites it 3× “at 9 (citing Va. Code § 55.1-401). Finally, the Bankruptcy Court denied relief on Count II for constructively fraudulent transfer under 11 U.”
Teresita Tiongson (Bankr. E.D. Va. 2025). · cites it 2× “The Trustee was successful in the litigation and this Court granted summary judgment in favor of the Trustee, declaring the Debtor the sole owner of the property at the time of the relevant transfer and avoiding the transfer as constructively fraudulent under section 55.1-401 of…”
Meiburger, Tr. v. Suazo (Bankr. E.D. Va. 2025). · cites it 2× “The Trustee was successful in the litigation and this Court granted summary judgment in favor of the Trustee, declaring the Debtor the sole owner of the property at the time of the relevant transfer and avoiding the transfer as constructively fraudulent under section 55.1-401 of…”
Smith v. Payne (W.D.N.C. 2025). “1 and/or Va. Code Ann. § 55.1-401 ; (4) claim for monetary sanctions and attorneys’ fees pursuant to Va.”
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