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The UFTA specifies a number of factors that may be
considered in determining whether the debtor made transfers, or
incurred obligations, with intent to hinder, delay, or defraud a
creditor.9 Among these factors are: (1) Whether the transfer
9 Fla. Stat. sec. 726.105(2) (1988) provides:
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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Last modified: May 25, 2011