(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. (1) with actual intent to hinder, delay, or defraud any creditor of the debtor; or
2. (2) without receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor:

(b) In determining actual intent under paragraph (1) of subsection (a), consideration may be given, among other factors, to whether:

1. (1) the transfer or obligation was to an insider;
2. (2) the debtor retained possession or control of the property transferred after the transfer;
3. (3) the transfer or obligation was disclosed or concealed;
4. (4) before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit;
5. (5) the transfer was of substantially all the debtor's assets;
6. (6) the debtor absconded;
7. (7) the debtor removed or concealed assets;
8. (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. (9) the debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred;
10. (10) the transfer occurred shortly before or shortly after a substantial debt was incurred; and
11. (11) the debtor transferred the essential assets of the business to a lienor who transferred the assets to an insider of the debtor.