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2. Post-1987 Transfers
Under Fla. Stat. section 726.105 (1988),33 transfers made
with the actual intent to hinder, delay, or defraud any creditor
are fraudulent. See Fla. Stat. 726.105(1)(a) (1988); Veigle v.
United States, 873 F. Supp. 623, 626 (M.D. Fla. 1994), affd.
without published opinion sub nom. Ariko v. United States, 92
F.3d 1199 (11th Cir. 1996). Courts may consider the following
factors, among others, as evidence of fraudulent intent: (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
33 Fla. Stat. sec. 726.105 (1988) provides as follows:
726.105. Transfers fraudulent as to present and future
creditors
(1) A transfer made or obligation incurred by a debtor is
fraudulent as to a creditor, whether the creditor's claim
arose before or after the transfer was made or the
obligation was incurred, if the debtor made the transfer or
incurred the obligation:
(a) With actual intent to hinder, delay, or defraud any
creditor of the debtor; or
(b) Without receiving a reasonably equivalent value in
exchange for the transfer or obligation, and the debtor:
1. Was engaged or was about to engage in a business or
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 or she would incur, debts beyond his
or her ability to pay as they became due.
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