4201. Factors To Consider Determining Actual Intent To Hinder Delay Defraud

4201. Factors to Consider in Determining Actual Intent to Hinder, Delay or Defraud (Civ. Code, § 3439.04(b) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 In determining whether [name of debtor] intended to hinder, delay, or defraud any creditors by [transferring property/incurring an obligation] to [name of defendant], you may consider, among other factors, the following: [(a) Whether the [transfer/obligation] was to [a/an] [insert relevant description of insider, e.g., "relative," "business partner," etc.];] [(b) Whether [name of debtor] retained possession or control of the property after it was transferred;] [(c) Whether the [transfer/obligation] was disclosed or concealed;] [(d) Whether before the [transfer was made/obligation was incurred] [name of debtor] had been sued or threatened with suit;] [(e) Whether the transfer was of substantially all of [name of debtor]'s assets;] [(f) Whether [name of debtor] fled;] [(g) Whether [name of debtor] removed or concealed assets;] [(h) Whether the value received by [name of debtor] was not reasonably equivalent to the value of the [asset transferred/amount of the obligation incurred];] [(i) Whether [name of debtor] was insolvent or became insolvent shortly after the [transfer was made/obligation was incurred];] [(j) Whether the transfer occurred shortly before or shortly after a substantial 4201. Factors to Consider in Determining Actual Intent to Defraud (Civ. Code, § 3439.04(b) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 debt was incurred;] [(k) Whether [name of debtor] transferred the essential assets of the business to a lienholder who transferred the assets to an insider of [name of defendant];] [and] [(l) [insert other appropriate factor.] Evidence of one or more factors does not automatically require a finding that [name of defendant] acted with the intent to hinder, delay, or defraud creditors. The presence of one or more of these factors is evidence that may suggest the intent to delay, hinder, or defraud. ________________________________________________________________________________ New June 2006; Revised June 2016