LegalFix
Sign In

Section 25:2-26 - Factors in determining fraudulent intent

NJ Rev Stat § 25:2-26 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

25:2-26. Factors in determining fraudulent intent

In determining actual intent under subsection a. of R.S. 25:2-25 consideration may be given, among other factors, to whether:

a. The transfer or obligation was to an insider;

b. The debtor retained possession or control of the property transferred after the transfer;

c. The transfer or obligation was disclosed or concealed;

d. Before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit;

e. The transfer was of substantially all the debtor's assets;

f. The debtor absconded;

g. The debtor removed or concealed assets;

h. 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;

i. The debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred;

j. The transfer occurred shortly before or shortly after a substantial debt was incurred; and

k. The debtor transferred the essential assets of the business to a lienor who transferred the assets to an insider of the debtor. Source: R.S. 25:2-13.

L. 1988, c. 74, s. 1.

Previous Section
Section 25:2-25 - Transfers fraudulent as to present and future creditors
Next Section
Section 25:2-27 - Transfers fraudulent as to present creditors