1. 1. Fraudulent transfer 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. A. With actual intent to hinder, delay or defraud any creditor of the debtor; or

      [PL 1985, c. 641, §3 (NEW).]

   2. B. Without receiving a reasonably equivalent value in exchange for the transfer or obligations and the debtor:

      1. (1) 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

      2. (2) Intended to incur, or believed or reasonably should have believed that he would incur, debts beyond his ability to pay as the debts became due.

         [PL 1985, c. 641, §3 (NEW).]

   [PL 1985, c. 641, §3 (NEW).]

2. 2. Determination of actual intent In determining actual intent under subsection 1, paragraph A, consideration may be given, among other factors, to whether:

   1. A. The transfer or obligation was to an insider;

      [PL 1985, c. 641, §3 (NEW).]

   2. B. The debtor retained possession or control of the property transferred after the transfer;

      [PL 1985, c. 641, §3 (NEW).]

   3. C. The transfer or obligation was disclosed or concealed;

      [PL 1985, c. 641, §3 (NEW).]

   4. D. Before the transfer was made or obligation was incurred, the debtor sued or threatened with suit;

      [PL 1985, c. 641, §3 (NEW).]

   5. E. The transfer was of substantially all the debtor's assets;

      [PL 1985, c. 641, §3 (NEW).]

   6. F. The debtor absconded;

      [PL 1985, c. 641, §3 (NEW).]

   7. G. The debtor removed or concealed assets;

      [PL 1985, c. 641, §3 (NEW).]

   8. 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;

      [PL 1985, c. 641, §3 (NEW).]

   9. I. The debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred;

      [PL 1985, c. 641, §3 (NEW).]

   10. J. The transfer occurred shortly before or shortly after a substantial debt was incurred; and

       [PL 1985, c. 641, §3 (NEW).]

   11. K. The debtor transferred the essential assets of the business to a lienor who had transferred the assets to an insider of the debtor.

       [PL 1985, c. 641, §3 (NEW).]

   [PL 1985, c. 641, §3 (NEW).]

PL 1985, c. 641, §3 (NEW).