1(1) 2A 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:44(a) 45With actual intent to hinder, delay, or defraud any creditor of the debtor; or
59(b) 60Without receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor:761. 77Was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction; or
1092. 110Intended 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.
138(2) 139In determining actual intent under paragraph (1)(a), consideration may be given, among other factors, to whether:155(a) 156The transfer or obligation was to an insider.
164(b) 165The debtor retained possession or control of the property transferred after the transfer.
178(c) 179The transfer or obligation was disclosed or concealed.
187(d) 188Before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit.
206(e) 207The transfer was of substantially all the debtor’s assets.
216(f) 217The debtor absconded.
220(g) 221The debtor removed or concealed assets.
227(h) 228The 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.
254(i) 255The debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred.
273(j) 274The transfer occurred shortly before or shortly after a substantial debt was incurred.
287(k) 288The debtor transferred the essential assets of the business to a lienor who transferred the assets to an insider of the debtor.
