In determining actual intent under paragraph (1) of subsection a. of R.S.25:2-25 consideration may be given, among other factors, to whether:

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

amended 2021, c.92, s.7.