(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
(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
(11) Whether the debtor transferred the essential assets of the business to a lienholder
who transferred the assets to an insider of the debtor.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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