Legal Research Home > New Jersey Lawyer > Frauds and Fraudulent Conveyances > New Jersey Frauds And Fraudulent Conveyances Laws Section 25:2-26. Factors in determining fraudulent intent .

     In determining actual intent under 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. Source: R.S. 25:2-13.

    L. 1988, c. 74, s. 1.

Last modified: October 22, 2006