§ 34-14-205 — Transfers fraudulent as to present and future creditors

(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:
(i) With actual intent to hinder, delay or defraud
any creditor of the debtor; or
(ii) 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 under paragraph (a)(i) of
this section, consideration may be given, among other factors,
to whether:
(i) The transfer or obligation was to an insider;
(ii) The debtor retained possession or control of the
property transferred after the transfer;
(iii) The transfer or obligation was disclosed or
concealed;
(iv) Before the transfer was made or obligation was
incurred, the debtor had been sued or threatened with suit;
(v) The transfer was of substantially all the
debtor's assets;
(vi) The debtor absconded;
(vii) The debtor removed or concealed assets;
(viii) 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;
(ix) The debtor was insolvent or became insolvent
shortly after the transfer was made or the obligation was
incurred;
(x) The transfer occurred shortly before or shortly
after a substantial debt was incurred; and
(xi) The debtor transferred the essential assets of
the business to a lienor who transferred the assets to an
insider of the debtor.