RSA 545-A:4 · Transfers Fraudulent as to Present and Future Creditors

545-A:4 Transfers Fraudulent as to Present and Future Creditors. –

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I.

A transfer made or obligation incurred by a debtor is fraudulent as to a creditor, whether the creditor's claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation:

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(a)

With actual intent to hinder, delay, or defraud any creditor of the debtor; or

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(b)

Without receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor:

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(1)

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; or

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(2)

Intended to incur, or believed or reasonably should have believed that he would incur, debts beyond his ability to pay as they became due.

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II.

In determining actual intent under subparagraph I(a), consideration may be given, among other factors, to whether:

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(a)

The transfer or obligation was to an insider;

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(b)

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

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(c)

The transfer or obligation was disclosed or concealed;

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(d)

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

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(e)

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

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(f)

The debtor absconded;

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(g)

The debtor removed or concealed assets;

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(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;

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(i)

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

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(j)

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

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(k)

The debtor transferred the essential assets of the business to a lienor who transferred the assets to an insider of the debtor. Source. 1987, 215:1, eff. Jan. 1, 1988.

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