§ 4. Transfers Fraudulent as to Present and Future Creditors
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:-
- (a) with actual intent to hinder, delay, or defraud any
creditor of the debtor; or
- (b) without receiving a reasonably equivalent value in
exchange for the transfer or obligation, and the debtor:
-
- (1) 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
- (2) intended to incur, or believed or reasonably should
have believed that he or she would incur, debts beyond
his or her ability to pay as they became due.
