The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
Subchapter
001
:
VOIDABLE TRANSACTIONS
(Cite as: 9 V.S.A. § 2289)
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§ 2289. Transfer or obligation voidable as to present creditor
(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 subsection 2286(b) of this title, 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. (Added 1995, No. 179 (Adj. Sess.), § 14; amended 2017, No. 20, § 1.)