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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.
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