25:2-25 Transfer or obligation voidable as to present or future creditor.
25:2-25. Transfer or obligation voidable as to present or future creditor.
a. A transfer made or obligation incurred by a debtor is voidable 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 become due.
b. A creditor making a claim for relief under subsection a. of this section has the burden of proving the elements of the claim for relief by a preponderance of the evidence.
amended 2021, c.92, s.6.
Structure New Jersey Revised Statutes
Title 25 - Frauds and Fraudulent Conveyances
Section 25:1-5 - Promises or agreements not binding unless in writing.
Section 25:1-11 - Writing requirement, conveyances of an interest in real estate
Section 25:1-12 - Writing requirements, leases
Section 25:1-13 - Enforceability of agreement regarding real estate
Section 25:1-14 - Effect on unwritten transactions
Section 25:1-15 - Liability for the obligation of another
Section 25:1-16 - Commissions of real estate broker and business broker, writing required
Section 25:2-20 - Short title.
Section 25:2-21 - Definitions: A to H.
Section 25:2-22 - Definitions: I to Z.
Section 25:2-25 - Transfer or obligation voidable as to present or future creditor.
Section 25:2-26 - Factors in determining intent.
Section 25:2-27 - Transfer or obligation voidable as to present creditor.
Section 25:2-28 - When transfer is made or obligation incurred.
Section 25:2-29 - Remedies of creditor.
Section 25:2-30 - Defenses, liability and protection of transferee or obligee.
Section 25:2-31 - Extinguishment of claim for relief.
Section 25:2-32 - Supplementary provisions.
Section 25:2-33 - Uniformity of application and construction.
Section 25:2-34 - Laws repealed
Section 25:2-35 - Governing law.
Section 25:2-36 - Relation to "Electronic Signatures in Global and National Commerce Act."