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
§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.
§24-33. 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.
§24-38. Inventory, necessity and requisites of.
§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.
§24-45. Authority of assignee begins, when.
§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.
§24-114. Tests for determining insolvency.
§24-116. Transfers fraudulent to creditors.
§24-118. Tests for determining when transfer is made or obligation incurred.
§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.
§24-134. 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.
§24-148. Request of consumer report – Notice to subject of report.
§24-152. Requests to temporarily lift freeze - Time for compliance - Request procedures.
§24-154. Removal of freeze by consumer request - Identification required.
§24-156. Fees - Written notice of changes.
§24-157. Entities not required to place security freeze.
§24-159. Failure to comply - Use of false pretenses - Penalties.
§24-163. Duty to disclose breach.
§24-164. Notice procedures deemed in compliance.
§24-165. Enforcement – Civil penalty limitation.
§24-170. Short title - Oklahoma Student Borrower's Bill of Rights Act.