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The DC Code: § 28-3104 Transfers fraudulent as to present and future creditors.

Index28 Commercial Instruments and Transactions. (Refs & Annos)
a
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:
1
With actual intent to hinder, delay, or defraud any creditor of the debtor; or
2
Without receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor:
A
Was 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
B
Intended to incur, or believed or reasonably should have believed that the debtor would incur, debts beyond the debtor's ability to pay as they became due.
b
In determining actual intent under subsection (a)(1) of this section, consideration may be given, among other factors, to whether:
1
The transfer or obligation was to an insider;
2
The debtor retained possession or control of the property transferred after the transfer;
3
The transfer or obligation was disclosed or concealed;
4
Before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit;
5
The transfer was of substantially all the debtor's assets;
6
The debtor absconded;
7
The debtor removed or concealed assets;
8
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;
9
The debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred;
10
The transfer occurred shortly before or shortly after a substantial debt was incurred; and
11
The debtor transferred the essential assets of the business to a lienor who transferred the assets to an insider of the debtor.

Historical and Statutory

Prior Codifications 1981 Ed., § 28-3104. Legislative History of Laws For legislative history of D.C. Law 11-83, see Historical and Statutory Notes following § 28-3101. Uniform Law This section is based upon § 4 of the Uniform Fraudulent Transfer Act. See Volume 7A, Part II Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw. DC CODE § 28-3104 Current through December 11, 2012

Credits

(Feb. 9, 1996, D.C. Law 11-83, § 2, 42 DCR 6773.)