Jean A. Stanko - Page 25

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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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