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 Results for ("N.J.S.A. 25:2-25")   1 to 15 of 62 results. Run time: 0.692 seconds | Search time: 0.685 seconds    
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1 POLINA ROITBURG v. LEONID ROITBURG -- rank: 1000
... transfers were made to 'hinder, delay or defraud plaintiff.' See N.J.S.A. 25:2-25(a). The judge also determined that the transfers 'qualif[ied ... with intent to hinder, delay and defraud' David's estate. N.J.S.A. 25:2-25(a). But plaintiff's proofs at trial were directed toward ... S.A. 25:2-26 and determining fraudulent intent under N.J.S.A. 25:2-25(a)). Section 27, however, 'has two provisions, both designed to ... to apply the standards regarding claims for intentional fraud under N.J.S.A. 25:2-25(a)(1) to her claim, and to use the factors ...
docket: a0047-21
court: NJ Superior Court Appellate Division
decided: 2023-08-31
status: Unpublished
citation:
Document Size: 54490
2 Motorworld, Inc. v. William Benkendorf, et al. -- rank: 933
... execution of the Release was an actual fraudulent transfer under N.J.S.A. 25:2-25(a) and that it was a constructively fraudulent transfer under ... finding that the Release constituted an actual fraudulent conveyance under N.J.S.A. 25:2-25(a), given the lack of proof that the transaction was ...
docket: a_64_15
court: NJ Supreme Court
decided: 2017-03-30
status:
citation:
Document Size: 102848
3 Motorworld, Inc. v. William Benkendorf, et al. -- rank: 933
... execution of the Release was an actual fraudulent transfer under N.J.S.A. 25:2-25(a) and that it was a constructively fraudulent transfer under ... finding that the Release constituted an actual fraudulent conveyance under N.J.S.A. 25:2-25(a), given the lack of proof that the transaction was ...
docket: A-64-15
court: NJ Supreme Court
decided: 2017-03-30
status:
citation: 228 N.J. 311 156 A.3d 1061
Document Size: 102865
4 STATE OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION v. JOSEPH J. CALDEIRA, SR., et al. -- rank: 919
... extinguished unless action is brought:"         a.    Under subsection a of [ N.J.S.A. 25:2-25 of the Fraudulent Transfer Act sets forth two types of ... a fraudulent transfer action without alleging culpable conduct against it. N.J.S.A. 25:2-25 governs the liability of a "debtor" for transfers made by ... Caldeira, Jr. and U.S.A. Waste are the "transferees." N.J.S.A. 25:2-25 does not govern the DEP's fraud claims against the ... are still pending in the Law Division. Footnote: 7      7 N.J.S.A. 25:2-25 provides:         A transfer made or obligation incurred by a debtor ...
docket: A2507-99
court: NJ Superior Court Appellate Division
decided: 2001-03-16
status: published
citation: 338 N.J. Super. 203
Document Size: 66881
5 DOCKET NO. A-3097-10T2 A-3528-10T2 FOURTEEN FLORENCE STREET CORPORATION, a New Jersey Corporation MECCA & SON TRUCKING COMPANY, INC a New Jersey Corporation and HELEN MECCA v. ARMENIA COFFEE CORP., a New Jersey Corporation, REGAL TRADING, INC., -- rank: 877
... the debtor's ability to pay as they become due. [ N.J.S.A. 25:2-25.] Thus, transfers are fraudulent as to a present or future ... codified eleven badges of fraud: In determining actual fraud under [ N.J.S.A. 25:2-25(a)] consideration may be given, among other factors, to whether ... to defraud on the facts adduced at trial, pursuant to N.J.S.A. 25:2-25(a), defendants' argument that Hudson's receipt of reasonably equivalent value for the goods transferred precludes liability under N.J.S.A. 25:2-25(b), is of no consequence. To the extent that defendants ... Under section (a), a transfer is not voidable pursuant to N.J.S.A. 25:2-25(a) against someone who takes in good faith and gives ...
docket: a3097-10
court: New Jersey Superior Court Appellate Division
decided: 2013-07-11
status: Published
citation:
Document Size: 93521
6 MAJEK INVESTMENTS LLC v. CONVENTUS, LLC -- rank: 873
... two subsections that provide relief to plaintiffs for fraudulent transfers. N.J.S.A. 25:2-25 governs fraudulent transfers as to present and future creditors. It ... the debtor's ability to pay as they become due. [N.J.S.A. 25:2-25(a).] N.J.S.A. 25:2-27 governs fraudulent ... court erred by granting summary judgment on its claims under N.J.S.A. 25:2-25(b) and N.J.S.A. 25:2-27(a ... to a preponderance of the evidence effective August 10, 2021. N.J.S.A. 25:2-25; N.J.S.A. 25:2-37. Again, we will ... properly granted summary judgment on its 'actual fraud' claim under N.J.S.A. 25:2-25(a). Under N.J.S.A. 25:2-25(a), a transfer from a debtor is fraudulent when ...
docket: a3247-20
court: NJ Superior Court Appellate Division
decided: 2023-11-28
status: Unpublished
citation:
Document Size: 46575
7 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 parties in the case and its use in other cases is limited. R.1:36-3 VENDORPASS, INC v. TEXO -- rank: 829
... 000 under theories of constructive trust and fraudulent transfers under N.J.S.A. 25:2-25(a) and 25:2-27(b). Texo 1 and Texo ... to adequately plead its claim for actual fraudulent transfer under N.J.S.A. 25:2-25(a); (4) the Chancery court erred in holding that VendorPass ... Fraudulent Transfer VendorPass next asserts an actual fraudulent transfer under N.J.S.A. 25:2-25(a). The relevant portion of that statute provides: A transfer ... to hinder, delay, or defraud any creditor of the debtor[.] [ N.J.S.A. 25:2-25(a).] Claims under subsection 2-25(a) are subject to ... transfer or obligation is not voidable under subsection a. of [ N.J.S.A. ] 25:2-25 against a person who took in good faith and for ... J.S.A. 25:2-30(a), a transfer under N.J.S.A. 25:2-25(a) is not voidable against a person who took ...
docket: a4015-14
court: NJ Superior Court Appellate Division
decided: 2017-02-02
status: unpublished
citation:
Document Size: 32175
8 Gilchinsky v. National Westminster Bank of NJ -- rank: 824
... also were exempt from attachment in New Jersey, pursuant to N.J.S.A. 25:2-25 defines fraudulent conveyance. It provides that:          A transfer made or ... to hinder, delay, or defraud any creditor of the debtor . . . . [ N.J.S.A. 25:2-25.]     The purpose of the Fraudulent Transfer Act, See footnote 3 ...
docket: a-36-98
court: njsupreme
decided: 1999-06-14
status:
citation: 159 N.J. 463
Document Size: 46617
9 JAMES STABILE v. MARY STABILE BENSON -- rank: 820
... tlement because it was a fraudulent transfer as defined in N.J.S.A. 25:2-25(b) because he is a creditor, the transfer was without ... 272 N.J. Super. at 405. Although Harris relies on N.J.S.A. 25:2-25(b) and -27(a), we are persuaded, as he also ... 9 In reaching this conclusion, we do not suggest that N.J.S.A. 25:2-25(b) and -27(a) are inapplicable but rather that we ...
docket: a4009-09
court: NJ Superior Court Appellate Division
decided: 2011-09-29
status: unpublished
citation:
Document Size: 47601
10 RHONDA DEL MASTRO v. PHILIP B. GRIMADO -- rank: 815
... the debtor's ability to pay as they become due. [ N.J.S.A. 25:2-25.] In determining whether the debtor acted with "actual intent" to ... extinguished unless action is brought: a. Under subsection a. of [ N.J.S.A. ] 25:2-25, within four years after the transfer was made or the ... on a transfer occurring before the creditor's claim arises. N.J.S.A. 25:2-25. Following our review, we conclude the necessary, fact-specific analysis ...
docket: a1433-11
court: NJ Superior Court Appellate Division
decided: 2013-09-05
status: unpublished
citation:
Document Size: 73907
11 DR. CARLO E. AMATO v. MICHAEL CORTESE and SAUNDRA CORTESE -- rank: 811
... of fraud" were wrong and that intent to defraud under N.J.S.A. 25:2-25 and -26 was conclusively established. Amato also argues that, because ... finding of "actual intent to hinder, delay, or defraud" under N.J.S.A. 25:2-25 was required to prove fraudulent transfers in this case, the ... as follows: In determining actual intent under subsection a. of [ N.J.S.A. ] 25:2-25 con-sideration may be given, among other factors, to whether ...
docket: a5518-12
court: New Jersey Superior Court Appellate Division
decided: 2015-08-21
status: Published
citation:
Document Size: 102623
12 VICTOR ROSARIO v. MARCO CONSTRUCTION AND MANAGEMENT INC. -- rank: 808
... a judgment. Thus, the SOL for causes of action under N.J.S.A. 25:2-25(a), regardless of whether the claimant has become a judgment ... not necessarily before judgment in an underlying matter is entered. N.J.S.A. 25:2-25 states: A transfer made or obligation incurred by a debtor ... to hinder, delay, or defraud any creditor of the debtor." N.J.S.A. 25:2-25(a). The definition of claim contained within N.J.S ...
docket: a1562-14
court: NJ Superior Court Appellate Division
decided: 2016-01-12
status: published
citation: 443 N.J.Super. 345 128 A.3d 1131
Document Size: 47629
13 TJI GAS ENTERPRISES, LLC v. LACEY GAS, LLC -- rank: 781
... J.S.A. 25:2-20 to -34, and specifically N.J.S.A. 25:2-25 subsections (a) and (b) (counts fourteen and fifteen respectively); and ... as to count fifteen, which, as noted, alleged violations of N.J.S.A. 25:2-25(b). 3 The trial court noted that subsections (a) and (b) of N.J.S.A. 25:2-25 impose different intent requirements and that while subsection (a) would ... established that the transfer was fraudulent within the meaning of N.J.S.A. 25:2-25(b): [A] [c]ontract was signed providing that a deposit ... because it was only available to transfers voided pursuant to N.J.S.A. 25:2-25(a). Thus, on February 4, 2014, the court entered summary ... 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 ...
docket: a3039-13
court: NJ Superior Court Appellate Division
decided: 2016-11-16
status: unpublished
citation:
Document Size: 38774
14 SARITA HART v. ROBERT A. SEMON SARITA HART -- rank: 776
... with "actual intent to hinder, delay or defraud any creditor[.]" N.J.S.A. 25:2-25. We need not review at length the "badges of fraud ... were unreasonably small in relation to the business or transaction[.]" N.J.S.A. 25:2-25(b)(1). Nor did he "intend[] to incur, or believe ... his] . . . ability to pay as they bec[a]me due." N.J.S.A. 25:2-25(b)(2). In sum, plaintiff has not established a fraudulent ...
docket: a5190-09
court: NJ Superior Court Appellate Division
decided: 2013-04-22
status: unpublished
citation:
Document Size: 34822
15 SARITA HART v. ROBERT A. SEMON -- rank: 776
... with "actual intent to hinder, delay or defraud any creditor[.]" N.J.S.A. 25:2-25. We need not review at length the "badges of fraud ... were unreasonably small in relation to the business or transaction[.]" N.J.S.A. 25:2-25(b)(1). Nor did he "intend[] to incur, or believe ... his] . . . ability to pay as they bec[a]me due." N.J.S.A. 25:2-25(b)(2). In sum, plaintiff has not established a fraudulent ...
docket: a1440-10
court: NJ Superior Court Appellate Division
decided: 2013-04-22
status: unpublished
citation:
Document Size: 34810
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