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debtor's transfer of property if the transfer was made without
fair consideration and left the debtor insolvent (i.e., without
enough property to pay his or her debts), or it was actually
intended (as distinguished from intent presumed in law) to
hinder, delay, or defraud any creditor. We need not decide
whether Stanko's transfer of the Packerland note to petitioner
left Stanko insolvent because respondent has proven that Stanko
actually intended to hinder, delay, or defraud creditors, and
thus made a fraudulent conveyance under section 36-607 of the
Revised Statutes of Nebraska.
2. Was the Transfer Made for Fair Consideration?
For purposes of section 36-607 of the Revised Statutes of
Nebraska, transfers between spouses are presumed to be fraudulent
as to existing creditors. Brown v. Borland, 432 N.W.2d 13, 16-17
(Neb. 1988) (decided under Neb. Rev. Stat. sec. 36-607 (reissue
4(...continued)
Every conveyance made and every obligation
incurred by a person who is or who will be thereby
rendered insolvent is fraudulent as to creditors
without regard to his or her actual intent if the
conveyance is made or the obligation is incurred
without a fair consideration.
Sec. 36-607 Conveyances made with intent to defraud.
Every conveyance made and every obligation
incurred with actual intent, as distinguished from
intent presumed in law, to hinder, delay, or defraud
either present or future creditors, is fraudulent as to
both present and future creditors.
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