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31 Thisopinion shall not "constitute precedent or be binding upon any court Although it is posted on the internet, this opinion is binding only on the FUTURE CARE CONSULTANTS LLC v. BARBARA ABRAHAM and IAN LIVINGSTONE - -- rank: 695

... contends that defendants violated the Uniform Fraudulent Transfer Act (UFTA), N.J.S.A. 25:2-25, with respect to the transfer of property owned by Abraham ... its burden of proving there was a fraudulent transfer under N.J.S.A. 25:2-25(a) or (b). The judge found credible the testimony of ... the debtor’s ability to pay as they become due. [N.J.S.A. 25:2-25.] The purpose of the UFTA is to 'prevent a debtor ... creditors which would have 2 FCC does not contend that N.J.S.A. 25:2-25(b)(1) applies. 9 A-1533-16T2 been available to ... to hinder, delay, or defraud FCC or any other creditor, N.J.S.A. 25:2-25(a), or intended to incur, or reasonably believed or should ... believed he would incur debts beyond his ability to pay. N.J.S.A. 25:2-25(b)(2). To the contrary, the evidence confirms that ...

docket:	a1533-16
court:	NJ Superior Court Appellate Division
decided:	2017-12-18
status:	unpublished
citation:
Document Size:	40266

32 GLEN BARSOTTI v. AURELIO MERCED, et al. -- rank: 677

... 1990). We therefore analyze plaintiff's claims under the UFTA.      N.J.S.A. 25:2-25 states:         A transfer made or obligation incurred by a debtor ...

docket:	A0310-00
court:	NJ Superior Court Appellate Division
decided:	2002-01-16
status:	published
citation:
Document Size:	40135

33 /usr/local/share/www/libweb/collections/courts/supreme/a3377-14.opn.html -- rank: 677

... it relies on, such claims can either be brought under N.J.S.A. 25:2-25(a) or (b), or N.J.S.A. 25:2 ... 2-31. That statute of limitations provides that claims under N.J.S.A. 25:2-25(a) must be brought "within four years after the transfer ... N.J.S.A. 25:2-31(a). Claims under N.J.S.A. 25:2-25(b) or N.J.S.A. 25:2-27(a ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	26919

34 STEPHEN CARUCCI v. REGENCY FINANCIAL GROUP, LLC -- rank: 677

... the debtor's ability to pay as they become due. [ N.J.S.A. 25:2-25(a), (b).] Those standards apply whether the creditor's claim ... after the transfer was made or the obligation was incurred. N.J.S.A. 25:2-25. The [UFTA] sets forth the indicia of "actual intent" for use in interpreting subsection a. of N.J.S.A. 25:2-25(a): In determining actual intent under subsection a. of [ N.J.S.A. ] 25:2-25 consideration may be given, among other factors, to whether: a ... in that it occurred under the circumstances set forth in N.J.S.A. 25:2-25(a) or (b). If a plaintiff satisfies its burden as ...

docket:	a5497-13
court:	NJ Superior Court Appellate Division
decided:	2016-07-20
status:	unpublished
citation:
Document Size:	39199

35 ZENSHIN, LLC v. NEW MONMOUTH BAPTIST CHURCH INC. -- rank: 675

... SBC Commc'ns Inc. , 178 N.J. 265 , 282 (2004). N.J.S.A. 25:2-25(b) provides: A transfer made . . . by a debtor is fraudulent ... as they become due. Plaintiffs alleged only some elements of N.J.S.A. 25:2-25(b). They did not allege that the remaining assets of ... were unreasonably small in relation to the business or transaction[,]" N.J.S.A. 25:2-25(b)(1), or that Reinert or Keystone "[i]ntended to ... debts beyond [their] ability to pay as they become due." N.J.S.A. 25:2-25(b)(2). Pleading that Close Combat was insolvent between 2008 ...

docket:	a2291-14
court:	NJ Superior Court Appellate Division
decided:	2016-04-01
status:	unpublished
citation:
Document Size:	28414

36 PERRY STREET, LLC v. SOUTHWIND PROPERTIES, LLC -- rank: 675

... assets that were unreasonably small for its lodging business. See N.J.S.A. 25:2-25(b)(1). In view of these facts, the transfer was ... result of the transfer . . . ." The transfer was also fraudulent under N.J.S.A. 25:2-25(b)(1), because "the debtor made the transfer . . . [w]ithout ... relation to the business . . . ." Finally, the transfer was fraudulent under N.J.S.A. 25:2-25(a) because "the debtor made the transfer . . . [w]ith the ...

docket:	a0178-15
court:	NJ Superior Court Appellate Division
decided:	2016-11-09
status:	unpublished
citation:
Document Size:	23459

37 SEAN WOOD, L.L.C v. HEGARTY GROUP, INC. -- rank: 675

... J.S.A. 25:2-20 to -34. We disagree. N.J.S.A. 25:2-25 provides: A transfer made or obligation incurred by a debtor ...

docket:	a1134-09
court:	NJ Superior Court Appellate Division
decided:	2011-04-12
status:	published
citation:	422 N.J. Super. 500 29 A.3d 1066
Document Size:	56918

38 LARRY BENNETT STUCCO & CONSTRUCTION, INC v. SHELDON HIMBER -- rank: 665

... judgment because it had established an intentional fraudulent transfer under N.J.S.A. 25:2-25(a). We disagree. II. We review a ruling on summary ... the debtor's ability to pay as they become due. [ N.J.S.A. 25:2-25(a), (b).] In determining whether a party had the actual ... of creditors: In determining actual intent under subsection a. of [ N.J.S.A. 25:2-25] consideration may be given, among other factors, to whether: a ...

docket:	a4430-13
court:	New Jersey Superior Court Appellate Division
decided:	2015-07-10
status:	Published
citation:
Document Size:	31216

39 IN THE MATTER OF THE ESTATE OF DAVID B. MADDEN, DECEASED -- rank: 663

... violation of the Uniform Fraudulent Transfer Act (UFTA). Pursuant to N.J.S.A. 25:2-25 (Section 25): A transfer made . . . by a debtor is fraudulent ...

docket:	a5673-08
court:	superior court appellate division
decided:	2010-08-18
status:	unpublished
citation:
Document Size:	85032

40 State of NJDEP v. Caldeira, et al. -- rank: 661

... available for funding the closure of [SOLF]” in violation of N.J.S.A.  25:2-25(a), and “without receiving a reasonably equivalent value in exchange ...

docket:	a-13-01
court:	njsupreme
decided:	2002-04-08
status:
citation:	171 N.J. 404
Document Size:	45374

41 PJSC ARMADA v. ALEXY KUZOVKIN -- rank: 654

... hinder, delay, or defraud any creditor of the debtor.” N.J.S.A. 25:2-25(a). There are two relevant inquiries for a 8 claim ...

docket:	ber-l-197-19
court:
decided:	2019-06-28
status:
citation:
Document Size:	47489

42 MICHAEL SANDONE v. JOHN DIANA -- rank: 638

... fraudulent transfer claim. Plaintiff appears to ground his claim in N.J.S.A. 25:2-25, which declares a transfer fraudulent "by a debtor . . . as to ... addresses fraudulent transfers by a debtor as to its creditors. N.J.S.A. 25:2-25. Only a creditor is entitled to relief under the UFTA ...

docket:	a5267-10
court:	NJ Superior Court Appellate Division
decided:	2012-11-21
status:	unpublished
citation:
Document Size:	28522

43 JOHN GUIDO v. BARBARA A. SPINA -- rank: 631

... and after an unpaid debt was incurred. In relevant part, N.J.S.A. 25:2-25 states: Transfers fraudulent as to present and future creditors    A ...

docket:	a3215-08
court:	superior court appellate division
decided:	2010-05-14
status:	unpublished
citation:
Document Size:	34988

44 AVRAAM ANASTASI v. LOUKAS BARMBATSIS -- rank: 617

... the debtor's ability to pay as they become due. [ N.J.S.A. 25:2-25.] The purpose of the UFTA "is to prevent a debtor ... the court is to consider in determining "actual intent" under N.J.S.A. 25:2-25(a). The factors are whether a. [t]he transfer or ...

docket:	a4354-13
court:	New Jersey Superior Court Appellate Division
decided:	2015-08-12
status:	Published
citation:
Document Size:	25772

45 SASCO 1997 NI, LLC v. ARIK A. ZUDKEWICH, et al. -- rank: 612

... bring the property within the ambit of collection. Ibid. Specifically, N.J.S.A. 25:2-25(a) provides: A transfer made or obligation incurred by a ...

docket:	A2083-05
court:	NJ Superior Court Appellate Division
decided:	2007-06-27
status:	unpublished
citation:
Document Size:	59928