Rutgers Law

New Jersey Statutes, Title: 25, FRAUDS AND FRAUDULENT CONVEYANCES

    Chapter 2:

      Section: 25:2-26: Factors in determining intent.

          
25:2-26. Factors in determining intent.

In determining actual intent under paragraph (1) of subsection a. of R.S.25:2-25 consideration may be given, among other factors, to whether:

a. The transfer or obligation was to an insider;

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

c. The transfer or obligation was disclosed or concealed;

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

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

f. The debtor absconded;

g. The debtor removed or concealed assets;

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;

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

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

k. The debtor transferred the essential assets of the business to a lienor who transferred the assets to an insider of the debtor.

amended 2021, c.92, s.7.

This section added to the Rutgers Database: 2021-07-06 15:54:49.

Older versions of 25:2-26 (if available):

Court decisions that cite this statute: CLICK HERE.