25 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. BankPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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