Ohio Code § 1336.04

Ohio Code § 1336.04. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.

§ 1336.04.

(A) A transfer made or an obligation incurred by a debtor is fraudulent as to a creditor,

whether the claim of the creditor arose before, or within a reasonable time not to

exceed four years after, the transfer was made or the obligation was incurred, if

the debtor made the transfer or incurred the obligation in either of the following

ways: (1) With actual intent to hinder, delay, or defraud any creditor of the debtor; (2) Without receiving a reasonably equivalent value in exchange for the transfer or obligation,

and if either of the following applies: (a) 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; (b) The debtor 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. (B) In determining actual intent under division (A)(1) of this section, consideration

may be given to all relevant factors, including, but not limited to, the following: (1) Whether the transfer or obligation was to an insider; (2) Whether the debtor retained possession or control of the property transferred after

the transfer; (3) Whether the transfer or obligation was disclosed or concealed; (4) Whether before the transfer was made or the obligation was incurred, the debtor had

been sued or threatened with suit; (5) Whether the transfer was of substantially all of the assets of the debtor; (6) Whether the debtor absconded; (7) Whether the debtor removed or concealed assets; (8) Whether 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; (9) Whether the debtor was insolvent or became insolvent shortly after the transfer was

made or the obligation was incurred; (10) Whether the transfer occurred shortly before or shortly after a substantial debt

was incurred; (11) Whether the debtor transferred the essential assets of the business to a lienholder

who transferred the assets to an insider of the debtor.

Source: official Ohio text · Last verified 2026-08-27

At a glance

  • Citation: Ohio Revised Code § 1336.04
  • Jurisdiction: Ohio
  • Code: Ohio Revised Code
  • Text: transcribed from the official source (verify below)

Verify the text

Statute text is transcribed from the official Ohio Revised Code. Confirm it against the primary source before relying on it:

Not legal advice. Verify against the official source and consult a licensed Ohio attorney.

Common questions

What is the source of Ohio Revised Code § 1336.04?

The text above is transcribed from the Ohio Revised Code, the codified statutes of Ohio. The official publisher link appears under "Verify the text" on this page.

What subject does Ohio Revised Code § 1336.04 address?

It addresses the rule set out in the section text. Read the section together with the surrounding provisions listed under "Nearby provisions" for the full picture.

Is Ohio Revised Code § 1336.04 still in force?

Statutes are amended, repealed, and renumbered every session. Confirm the current version at the official Ohio source before relying on this text.

Can this page be used as legal advice?

No. This is a reference transcription for research. Applying Ohio law to your facts requires a licensed Ohio attorney who can review the specifics.