26 v. First Cadco Corp., 203 N.W.2d 770, 778-779 (Neb. 1973) (decided under Neb. Rev. Stat. sec. 36-401 (reissue 1943)); Farmers State Bank v. Dierks, 289 N.W. 860, 866 (Neb. 1940) (decided under Neb. Rev. Stat. sec. 36-401 (reissue 1929)). Many of those badges of fraud are present here. Stanko had a significant amount of tax liabilities and pending claims against him when he transferred the note to petitioner.6 Three days after Stanko's criminal conviction, Stanko Packing distributed substantially all of its remaining assets to Stanko, leaving it insolvent. Two days later, Stanko transferred the Packerland note to petitioner for no consideration. The transfer was between husband and wife, and was made without consideration and as part of a series of transfers that greatly reduced Stanko's estate. The transfer was made just before the District Court for Colorado imposed criminal penalties and while the Giove lawsuit was pending against Stanko. Stanko filed an affidavit in November 1985 stating that he was insolvent. We agree with petitioner that Stanko's affidavit does not necessarily show that he was insolvent; however, it does 6 Stanko had the following claims pending against him when he transferred the note to petitioner: Fines relating to his criminal conviction by the District Court for Colorado (later adjudged to be $70,000); claims made in the Giove lawsuit (later adjudged to be $824,650); Stanko Packing's 1984 tax liability (later adjudged to be $1,324,964); and Stanko's 1984 and 1985 tax liability (later adjudged to be $961,134).Page: 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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