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SECTION 4. TRANSFER OR OBLIGATION VOIDABLE AS TO PRESENT OR FUTURE CREDITOR.
§4 (a) A transfer made or obligation incurred by a debtor is voidable 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:
->(1) with actual intent to hinder, delay, or defraud any creditor of the debtor; or
->(2) without receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor:
-->(i) 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
-->(ii) 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.
§ 4(b) In determining actual intent under subsection (a)(1), consideration may be given, among other factors, to whether:
->(1) the transfer or obligation was to an insider;
->(2) the debtor retained possession or control of the property transferred after the transfer;
->(3) the transfer or obligation was disclosed or concealed;
->(4) before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit;
->(5) the transfer was of substantially all the debtor’s assets;
->(6) the debtor absconded;
->(7) the debtor removed or concealed assets;
->(8) 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) the debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred;
->(10) the transfer occurred shortly before or shortly after a substantial debt was incurred; and
->(11) the debtor transferred the essential assets of the business to a lienor that transferred the assets to an insider of the debtor.
§ 4(c) A creditor making a claim for relief under subsection (a) has the burden of proving the elements of the claim for relief by a preponderance of the evidence.
§4 (a) A transfer made or obligation incurred by a debtor is voidable 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:
->(1) with actual intent to hinder, delay, or defraud any creditor of the debtor; or
->(2) without receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor:
-->(i) 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
-->(ii) 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.
§ 4(b) In determining actual intent under subsection (a)(1), consideration may be given, among other factors, to whether:
->(1) the transfer or obligation was to an insider;
->(2) the debtor retained possession or control of the property transferred after the transfer;
->(3) the transfer or obligation was disclosed or concealed;
->(4) before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit;
->(5) the transfer was of substantially all the debtor’s assets;
->(6) the debtor absconded;
->(7) the debtor removed or concealed assets;
->(8) 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) the debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred;
->(10) the transfer occurred shortly before or shortly after a substantial debt was incurred; and
->(11) the debtor transferred the essential assets of the business to a lienor that transferred the assets to an insider of the debtor.
§ 4(c) A creditor making a claim for relief under subsection (a) has the burden of proving the elements of the claim for relief by a preponderance of the evidence.