West Virginia Code § 40-1A-5

Transfers fraudulent as to present creditors
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(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 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 fraudulent as to a creditor whose claim arose before the
transfer was made if the transfer was made to an insider for an auntecedent debt, the debtor
was insolvent at that time and the insider had reasonable cause to believe that the debtor
was insolvent.
(c) Subject to the provisions of §40-1A-2(b) of this codea, 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 evidencel.

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