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3. Was the Transfer Made with Actual Intent to Hinder,
Delay, or Defraud Creditors
Under Nebraska law, a transfer is fraudulent if the
transferor had actual intent, as distinguished from intent
presumed in law, to defraud creditors. Neb. Rev. Stat. sec. 36-
607 (reissue 1988). Thus, respondent must prove: (a) That the
transferee received property of the transferor; and (b) that the
transferor made the transfer with actual intent, as distinguished
from intent presumed in law, to hinder, delay, or defraud present
or future creditors. Neb. Rev. Stat. sec. 36-607.
Petitioner contends that Stanko did not transfer the
Packerland note to her with the intent to defraud his creditors.
We disagree.
Nebraska law generally recognizes the following badges of
fraud for purposes of establishing a fraudulent conveyance: The
transfer was for less than fair consideration, the transfer was
of the transferor's entire estate, the transfer was made to the
transferor's spouse or other family member, the transfer was made
while there was pending or threatened litigation against the
transferor, the transfer was made secretly or hurriedly, the
transfer was made while the transferor was insolvent or greatly
in debt, the transfer was a departure from the transferor's usual
method of doing business, and the transferor retained possession
of and/or benefits in the transferred property. Gifford-Hill &
Co. v. Stoller, 380 N.W.2d 625, 630 (Neb. 1986); First Natl. Bank
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