Oklahoma Statutes
Title 24. Debtor and Creditor
§24-116. Transfers fraudulent to creditors.

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. 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:
B. In determining actual intent pursuant to the provisions of paragraph 1 of subsection A of this section, consideration may be given, among other factors, to whether:
1. The transfer or obligation was to an insider;
2. The debtor retained possession or control of the property transferred after the transfer;
3. The transfer or obligation was disclosed or concealed;
4. Before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit;
5. The transfer was of substantially all the debtor's assets;
6. The debtor absconded;
7. The debtor removed or concealed assets;
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. The debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred;
10. The transfer occurred shortly before or shortly after a substantial debt was incurred; and
11. The debtor transferred the essential assets of the business to a lienor who transferred the assets to an insider of the debtor.
Added by Laws 1986, c. 100, § 5, eff. Nov. 1, 1986.

Structure Oklahoma Statutes

Oklahoma Statutes

Title 24. Debtor and Creditor

§24-1. Debtor defined.

§24-2. Creditor defined.

§24-3. Fraud only invalidates contracts of debtor.

§24-4. Alternative right to several funds.

§24-11. Preferences permitted.

§24-12. Fraudulent debts - When due.

§24-13. Insurance on life of debtor - Conditions.

§24-14. Insurance on life of debtor - Penalties.

§24-15. Debt pooling - Prohibition.

§24-16. Debt pooling - Definition.

§24-17. Debt pooling - Penalties.

§24-18. Debt pooling - Application of act.

§24-31. Allowable, when - Preference, effect of.

§24-32. Insolvency defined.

§24-33. Subsisting liabilities.

§24-34. Assignments void in certain cases.

§24-35. Assignment to be in writing and signed - Acknowledgment, proof and certification.

§24-36. Void unless made as prescribed.

§24-37. Rights of assignee.

§24-38. Inventory, necessity and requisites of.

§24-39. Inventory verified.

§24-40. Record of assignment and inventory - Place of filing - Nonresidents.

§24-41. More than one assignor - Recording assignment - Filing inventory - Nonresidents.

§24-42. Time of recording - Effect of failure to record within time specified.

§24-43. Real property.

§24-44. Bond of assignee.

§24-45. Authority of assignee begins, when.

§24-46. Accounting by assignee - Supervision by judge of district court - Removal or discharge - Bankruptcy proceedings.

§24-47. Exempt property and life insurance do not pass - Exception.

§24-48. Compensation of assignee.

§24-49. Good faith protects assignee.

§24-50. Cancellation or modification of assignment - Assent of creditor affected.

§24-81. Persons furnishing ratings to request statement of assets and liabilities.

§24-82. Copy of opinion furnished person to whom it relates.

§24-83. False credit information or false rating - Penalty - Damages.

§24-84. Person rated may see rate book - Penalty.

§24-85. False credit statement.

§24-86. Restrictions on inclusion of tax lien information in credit report or rating.

§24-112. Short title.

§24-113. Definitions.

§24-114. Tests for determining insolvency.

§24-115. Value defined.

§24-116. Transfers fraudulent to creditors.

§24-117. Transfer fraudulent to creditor whose claim arose before transfer made or obligation incurred.

§24-118. Tests for determining when transfer is made or obligation incurred.

§24-119. Creditor's remedies.

§24-120. Voidable and nonvoidable transfers - Creditor's remedies and limitations thereon.

§24-121. Limitation of actions.

§24-122. Supplementary principles of law and equity.

§24-123. Application and construction of act.

§24-131. Short title.

§24-132. Definitions.

§24-133. Restrictions.

§24-134. Exemption from bond and trust account provisions - Responsibility for employees or agents.

§24-135. Information statement - Written statement required.

§24-136. Information statement - Contents.

§24-137. Contracts - Contents - Form for "Notice of Cancellation" - Copies.

§24-138. Waivers - Burden of proof - Violations and jurisdiction - Enforcement of rights.

§24-139. Action for damages - Remedies not exclusive.

§24-140. Rules and regulations.

§24-141. License required – Extensions of credit in compliance with law.

§24-142. Application for license - Resident agent.

§24-143. Fees - Administrator's investigation - Issuance or denial of license.

§24-144. Licenses - Contents - Display - Number - Term - Annual fee.

§24-145. Administrative hearing - Suspension, revocation or surrender of license.

§24-146. Investigation and examination of books and records.

§24-147. Disclosures to consumer - Applicability of disclosure requirements - Credit histories - Fees.

§24-148. Request of consumer report – Notice to subject of report.

§24-149. Short title.

§24-150. Definitions.

§24-151. Written request for security freeze - Processing time - Confirmation of freeze and identification number - Disclosures.

§24-152. Requests to temporarily lift freeze - Time for compliance - Request procedures.

§24-153. Mandatory removal or temporary lifting of freeze - Notice to consumer - Third party requests.

§24-154. Removal of freeze by consumer request - Identification required.

§24-155. Exceptions.

§24-156. Fees - Written notice of changes.

§24-157. Entities not required to place security freeze.

§24-158. Notice of rights.

§24-159. Failure to comply - Use of false pretenses - Penalties.

§24-161. Short title.

§24-162. Definitions.

§24-163. Duty to disclose breach.

§24-164. Notice procedures deemed in compliance.

§24-165. Enforcement – Civil penalty limitation.

§24-166. Application of act.

§24-170. Short title - Oklahoma Student Borrower's Bill of Rights Act.

§24-171. Definitions.

§24-172. Oklahoma Student Borrower's Bill of Rights.