- 23 -
757 (5th Cir. 1937). A creditor may show that a transferor
2(...continued)
value in exchange for the transfer or
obligation, and the debtor:
1. Was engaged or was about to engage in a
business or a transaction for which the
remaining assets of the debtor were
unreasonably small in relation to the
business or transaction; or
2. Intended to incur, or believed or
reasonably should have believed that he
would incur, debts beyond his ability to
pay as they became due.
(2) In determining actual intent under paragraph
(1)(a), consideration may be given, among other
factors, to whether:
(a) The transfer or obligation was to an insider.
(b) The debtor retained possession or control of
the property transferred after the transfer.
(c) The transfer or obligation was disclosed or
concealed.
(d) Before the transfer was made or obligation
was incurred, the debtor had been sued or
threatened with suit.
(e) The transfer was of substantially all the
debtor's assets.
(f) The debtor absconded.
(g) The debtor removed or concealed assets.
(h) The value of the consideration received by
the debtor was reasonably equivalent to the
value of the asset transferred or the amount
of the obligation incurred.
(I) The debtor was insolvent or became insolvent
shortly after the transfer was made or the
obligation was incurred.
(j) The transfer occurred shortly before or
shortly after a substantial debt was
incurred.
(k) The debtor transferred the essential assets
of the business to a lienor who transferred
the assets to an insider of the debtor.
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