Current through L. 2024, c. 87.
Section 25:2-25 - Transfer or obligation voidable as to present or future creditora. A transfer made or obligation incurred by a debtor is voidable 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 the debtor would incur, debts beyond the debtor's ability to pay as they become due. b. A creditor making a claim for relief under subsection a. of this section has the burden of proving the elements of the claim for relief by a preponderance of the evidence.Amended by L. 2021, c. 92,s. 6, eff. 8/10/2021.