Tuesday, July 29, 2014 5:03:17 PM
Badges of fraud
Evidence of actual intent is rarely available to a creditor for it would require proof of someone’s inner thoughts. Because of that, creditors often have to rely on circumstantial evidence of fraud. To prove actual intent, the courts have developed “badges of fraud,” which, while not conclusive, are considered by the courts as circumstantial evidence of fraud:
Becoming insolvent because of the transfer;
Lack or inadequacy of consideration;
Family, or insider relationship among parties;
The retention of possession, benefits or use of property in question;
The existence of the threat of litigation;
The financial situation of the debtor at the time of transfer or after transfer;
The existence or a cumulative effect of a series of transactions after the onset of debtor’s financial difficulties;
The general chronology of events;
The secrecy of the transaction in question; and
Deviation from the usual method or course of business.
http://en.wikipedia.org/wiki/Fraudulent_conveyance
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