- 110 - 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.Page: Previous 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 Next
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