- 41 - disclosed or concealed; (d) the debtor had been threatened with a suit before the transfer; (e) the transfer was of substantially all of 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; (i) the debtor was or became insolvent shortly after the transfer; (j) the transfer occurred shortly before or after a substantial debt was incurred; and (k) the debtor transferred the essential assets of the business to a lienor who transferred the assets to an insider of the debtor. a. Whether There Was a Transfer to an Insider A spouse of a debtor is an insider. Fla. Stat. Ann. sec. 726.102(7)(a)(1), (11) (West 1988). Mr. Pert is an insider for purposes of Fla. Stat. Ann. sec. 726.105 (West 1988). b. Debtor Kept Possession or Control of Property Mrs. Pert kept possession of the property that became jointly owned and the cash that was deposited in her joint accounts with Mr. Pert. c. Whether the Transferor Concealed the Transfers There were numerous transfers which made it difficult to trace the funds. The bank transactions were not concealed, but the extensive use of cash hampered efforts to reconstruct the flow of Mr. Riffe's funds.Page: Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Next
Last modified: May 25, 2011