Okla. Stat. tit. 24, § 24-116
This is the official text of Okla. Stat. tit. 24, § 24-116, part of Oklahoma’s Stat. tit. 24, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 24,." Browse the sections below, each linked to its official government source.
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Transfers fraudulent to creditors
Official statutory text
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:
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 he would incur, debts beyond his
ability to pay as they became due.
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.
Oklahoma Statutes - Title 24. Debtor and Creditor Page 17
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:
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 he would incur, debts beyond his
ability to pay as they became due.
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.
Oklahoma Statutes - Title 24. Debtor and Creditor Page 17
Status: in_force · Read it on the official government site
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