Estate of Frank Johnson - Page 22




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          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                
          insolvent34 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,            
          and (k) the debtor transferred the essential assets of the                  
          business to a lienor who transferred the assets to an insider of            
          the debtor.  See Fla. Stat. sec. 726.105(2)(a)-(k)(1988).                   
          Although one badge of fraud “may only create a suspicious                   
          circumstance and may not constitute the requisite fraud to set              
          aside a conveyance, * * * several of them when considered                   
          together may afford a basis to infer fraud."  See, e.g., Johnson            
          v. Dowell, 592 So. 2d 1194, 1197 (Fla. Dist. Ct. App. 1992);                
          Banner Constr. Corp. v. Arnold, 128 So. 2d at 896; United States            
          v. Fernon, 640 F.2d at 613; see also Advest, Inc. v. Rader, 743             
          F. Supp. at 854; Harper v. Commissioner, T.C. Memo. 1993-126.               
          Fraudulent conveyances also include transfers made without fair             

               34  Under Fla. Stat. sec. 726.103(1), a debtor is insolvent            
          if the total of his or her debts exceed the total of his or her             
          assets at a fair valuation.                                                 





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