25:2-25 Transfer or obligation voidable as to present or future creditor.
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/nj/title-25/chapter-2/25-2-25·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.