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 Results for ("N.J.S.A. 25:2-26")   1 to 15 of 38 results. Run time: 0.772 seconds | Search time: 0.765 seconds    
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1 POLINA ROITBURG v. LEONID ROITBURG -- rank: 1000
... the court was required to consider the factors listed in N.J.S.A. 25:2-26, the so-called 'badges of fraud,' see Gilchinsky v. Nat ... fraudulent transfers using the 'badges of fraud' factors contained in N.J.S.A. 25:2-26(b). He concluded that plaintiff had failed to prove by ... by relying 'exclusively' on the 'badges of fraud' listed in N.J.S.A. 25:2- -26. Plaintiff urges us to exercise original jurisdiction, see Rule 2 ... in our prior opinion that generally discussed the UFTA and N.J.S.A. 25:2-26, Roitburg, slip op. at 27, as the starting point for ... Super. 161, 163–64 (App. Div. 1997) (discussing interplay between N.J.S.A. 25:2-26 and determining fraudulent intent under N.J.S.A. 25 ... c. 92 § 8. A-0047-21 12 listed in N.J.S.A. 25:2-26 to decide whether plaintiff had met her burden of ...
docket: a0047-21
court: NJ Superior Court Appellate Division
decided: 2023-08-31
status: Unpublished
citation:
Document Size: 54490
2 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: 918
... who transferred the assets to an insider of the debtor. [ N.J.S.A. 25:2-26.] Courts attempting to determine actual intent to defraud must balance the factors listed in N.J.S.A. 25:2-26, as well as weigh any other factors relevant to the ... Apuzzos, and then to Regal, a corporation owned by them. N.J.S.A. 25:2-26(a). Second, because the Apuzzos transferred Hudson's assets to ... owned corporation, they retained possession of them after the transfer. N.J.S.A. 25:2-26(b). Third, the execution on Hudson's assets was conducted ... Hudson's president, because Apuzzo, Jr. knew he would object. N.J.S.A. 25:2-26(c). Fourth, the Meccas had filed a complaint to evict Hudson's prior to the transfer. N.J.S.A. 25:2-26(d). Fifth, the transfer was of substantially all of ...
docket: a3097-10
court: New Jersey Superior Court Appellate Division
decided: 2013-07-11
status: Published
citation:
Document Size: 93521
3 Gilchinsky v. National Westminster Bank of NJ -- rank: 850
... courts generally look to the “badges of fraud” enumerated in N.J.S.A. 25:2-26. The Appellate Division made a critical error by giving controlling ... at least seven of the badges of fraud enumerated in N.J.S.A. 25:2-26. (pp. 17-20) 6. Gilchinsky herself is an “insider” within ... controlling weight to the absence of three factors enumerated in N.J.S.A. 25:2-26, the Appellate Division concluded that defendant did not have an ... W.2d 86 , 91 (Neb. 1992) (emphasis added) (citations omitted).]      N.J.S.A. 25:2-26 lists the "badges of fraud" that New Jersey courts are ... who transferred the assets to an insider of the debtor. [ N.J.S.A. 25:2-26.]     In determining actual intent to defraud, courts should balance the factors enumerated in N.J.S.A.  25:2-26, as well as any other factors relevant to the ...
docket: a-36-98
court: njsupreme
decided: 1999-06-14
status:
citation: 159 N.J. 463
Document Size: 46617
4 MAJEK INVESTMENTS LLC v. CONVENTUS, LLC -- rank: 847
... to hinder, delay, or defraud any creditor of the debtor.' N.J.S.A. 25:2-26 lists the 'badges of fraud' that courts should consider in ... who transferred the assets to an insider of the debtor. [N.J.S.A. 25:2-26.] As to the badges of fraud, the Gilchinsky Court instructed ... intent to defraud, courts should balance the factors enumerated in N.J.S.A. 25:2-26, as well as any other factors relevant to the transaction ...
docket: a3247-20
court: NJ Superior Court Appellate Division
decided: 2023-11-28
status: Unpublished
citation:
Document Size: 46575
5 STEVEN JECKER v. HIDDEN VALLEY, INC -- rank: 819
... who transferred the assets to an insider of the debtor. [ N.J.S.A. 25:2-26.] The Gilchinsky Court instructed: In determining actual intent to defraud, courts should balance the factors enumerated in N.J.S.A. 25:2-26, as well as any other factors relevant to the transaction ... he sold Hidden Valley's assets to Resort Partners. See N.J.S.A. 25:2-26(b). Additionally, contrary to the judge's conclusion, all of ... were transferred, first to Begraft and later to Resort Partners, N.J.S.A. 25:2-26(e), resulting in Hidden Valley becoming insolvent. See N.J.S.A. 25:2-26(i). The judge did find that the foreclosure was initiated ... Valley and Begraft "had been sued or threatened with suit." N.J.S.A. 25:2-26(d). Plaintiffs also argue that N.J.S.A. ...
docket: a3898-09
court: New Jersey Superior Court Appellate Division
decided: 2011-07-26
status: Published
citation: 422 N.J. Super. 155 27 A.3d 964
Document Size: 41624
6 AETNA HEALTH INC. v. BIODIAGNOSTIC LABORATORY SERVICES, L.L.C. -- rank: 797
... Westminster Bank N.J., 159 N.J. 463, 476 (1999); N.J.S.A. 25:2-26. Aetna relies on two of them: '[t]he transfer or obligation was to an insider,' N.J.S.A. 25:2-26(a); and '[t]he value of the consideration received by ... the asset transferred or the amount of the obligation incurred,' N.J.S.A. 25:2-26(h).6 With respect to the latter, Aetna (1) Was ... who transferred the assets to an insider of the debtor. [N.J.S.A. 25:2-26.] A-3335-17 19 65 (App. Div. 1997) (discussing the ...
docket: a3335-17
court: NJ Superior Court Appellate Division
decided: 2021-10-07
status: Unpublished
citation:
Document Size: 41748
7 MAIN LAND SUSSEX COMPANY, LLC v. PRITI SHETTY -- rank: 794
... convincing evidence. He analyzed the badges of fraud listed under N.J.S.A. 25:2-26 and found the evidence supported multiple factors establishing a fraudulent ... was not permitted to reference the badges of fraud under N.J.S.A. 25:2-26. King did proffer the sole opinion set forth in his ... its burden in proving there was a fraudulent transfer under N.J.S.A. 25:2-26. As King was not permitted to discuss the statute, there ... The trial court analyzed the badges of fraud listed in N.J.S.A. 25:2-26 and determined plaintiff proved a fraudulent transfer under N.J ... proceeds to the members, which also benefited their spouses. See N.J.S.A. 25:2-26(a). The members and their spouses retained possession and control ... sale proceeds that were distributed directly to the members. See N.J.S.A. 25:2-26(b). The transfers consisted of all of ARCP's ...
docket: a5450-15
court: NJ Superior Court Appellate Division
decided: 2019-03-08
status: Unpublished
citation:
Document Size: 30719
8 ARCH FINANCIAL SERVICES INC v. CHARLES W. GEYER -- rank: 783
... who transferred the assets to an insider of the debtor. [ N.J.S.A. 25:2-26.] In an action alleging a fraudulent transfer, the court must ... the statute, he identified four badges of actual fraud, including N.J.S.A. 25:2-26(c), "since for a substantial period of time the intent to transfer allegedly pursuant to the assignment was concealed"; N.J.S.A. 25:2-26(d), because plaintiffs obtained their judgment against Geyer before the transfer; N.J.S.A. 25:2-26(e), "is applicable since the transfer was of substantially all of [Geyer]'s assets"; and N.J.S.A. 25:2-26(h), "is applicable since the transfer was not made for ... to Eazy Brook was a transfer to Geyer's son, N.J.S.A. 25:2-26(a), and Geyer was insolvent when the transfer was ...
docket: a2332-11
court: New Jersey Superior Court Appellate Division
decided: 2013-10-10
status: Published
citation:
Document Size: 54730
9 ARCH FINANCIAL SERVICES INC v. CHARLES W. GEYER -- rank: 783
... who transferred the assets to an insider of the debtor. [ N.J.S.A. 25:2-26.] In an action alleging a fraudulent transfer, the court must ... the statute, he identified four badges of actual fraud, including N.J.S.A. 25:2-26(c), "since for a substantial period of time the intent to transfer allegedly pursuant to the assignment was concealed"; N.J.S.A. 25:2-26(d), because plaintiffs obtained their judgment against Geyer before the transfer; N.J.S.A. 25:2-26(e), "is applicable since the transfer was of substantially all of [Geyer]'s assets"; and N.J.S.A. 25:2-26(h), "is applicable since the transfer was not made for ... to Eazy Brook was a transfer to Geyer's son, N.J.S.A. 25:2-26(a), and Geyer was insolvent when the transfer was ...
docket: a3996-11
court: NJ Superior Court Appellate Division
decided: 2013-10-10
status: unpublished
citation:
Document Size: 53092
10 J.P v. J.N -- rank: 780
... 422 N.J. Super. 155, 164 (App. Div. 2011) (quoting N.J.S.A. 25:2-26(c)). Governed by these standards, we discern no basis to ...
docket: a2616-21
court: NJ Superior Court Appellate Division
decided: 2024-01-17
status: Unpublished
citation:
Document Size: 45067
11 DR. CARLO E. AMATO v. MICHAEL CORTESE and SAUNDRA CORTESE -- rank: 769
... Implement, Inc. , 484 N.W.2d 86 , 91 (Neb. 1992)). N.J.S.A. 25:2-26 provides a non-exclusive list of the "badges of fraud ... shortly before or shortly after a substantial debt was incurred . . . . [ N.J.S.A. 25:2-26.] The judge found that, because the assets were transferred to ... to find that the badge concerning suit or threatened suit, N.J.S.A. 25:2-26(d), was established by the April 2004 email, and that ...
docket: a5518-12
court: New Jersey Superior Court Appellate Division
decided: 2015-08-21
status: Published
citation:
Document Size: 102623
12 LEA GILCHINSKY VS NATIONAL WESTMINISTER BANK NJ, ET AL -- rank: 760
... debtor; or . . .         [ N.J.S.A. 25:2-25(a).]      N.J.S.A. 25:2-26 lists numerous factors a judge may consider in determining fraudulent ... who transferred the assets to an insider of the debtor.         [ N.J.S.A. 25:2-26.]     As noted above, the motion judge held that Gilchinsky's ... motion judge considered only a few of the factors under N.J.S.A. 25:2-26 in reaching his decision. In our view, the controlling factors ...
docket: a0907-96
court: njappellate
decided: 1998-05-12
status: published
citation: <a href=
Document Size: 29838
13 LEA GILCHINSKY VS NATIONAL WESTMINISTER BANK NJ, ET AL -- rank: 760
... debtor; or . . .         [ N.J.S.A. 25:2-25(a).]      N.J.S.A. 25:2-26 lists numerous factors a judge may consider in determining fraudulent ... who transferred the assets to an insider of the debtor.         [ N.J.S.A. 25:2-26.]     As noted above, the motion judge held that Gilchinsky's ... motion judge considered only a few of the factors under N.J.S.A. 25:2-26 in reaching his decision. In our view, the controlling factors ...
docket: a4544-96
court: njappellate
decided: 1998-05-12
status: published
citation: 311 N.J.Super. 339
Document Size: 27085
14 SARITA HART v. ROBERT A. SEMON -- rank: 754
... balance tips against a finding of fraudulent intent in 2003. N.J.S.A. 25:2-26. Arguably, the transfer was to an insider (subsection a), Robert ...
docket: a1440-10
court: NJ Superior Court Appellate Division
decided: 2013-04-22
status: unpublished
citation:
Document Size: 34810
15 SARITA HART v. ROBERT A. SEMON SARITA HART -- rank: 754
... balance tips against a finding of fraudulent intent in 2003. N.J.S.A. 25:2-26. Arguably, the transfer was to an insider (subsection a), Robert ...
docket: a5190-09
court: NJ Superior Court Appellate Division
decided: 2013-04-22
status: unpublished
citation:
Document Size: 34822
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