2010 Pennsylvania Code
Title 12 - COMMERCE AND TRADE
Chapter 51 - Fraudulent Transfers
5104 - Transfers fraudulent as to present and future creditors.

     § 5104.  Transfers fraudulent as to present and future
                creditors.
        (a)  General rule.--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:
                (i)  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
                (ii)  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 became due.
        (b)  Certain factors.--In determining actual intent under
     subsection (a)(1), 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.

        Cross References.  Section 5104 is referred to in sections
     5103, 5108, 5109 of this title.