{"data":{"id":"us-dc/d.c.-code-28-3104","jurisdiction":"us-dc","citation":"D.C. Code § 28-3104","heading":"Transfers fraudulent as to present and future creditors.","body":"(a)\nA 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:\n(1)\nWith actual intent to hinder, delay, or defraud any creditor of the debtor; or\n(2)\nWithout receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor:\n(A)\nWas 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\n(B)\nIntended 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.\n\n(b)\nIn determining actual intent under subsection (a)(1) of this section, consideration may be given, among other factors, to whether:\n(1)\nThe transfer or obligation was to an insider;\n(2)\nThe debtor retained possession or control of the property transferred after the transfer;\n(3)\nThe transfer or obligation was disclosed or concealed;\n(4)\nBefore the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit;\n(5)\nThe transfer was of substantially all the debtor’s assets;\n(6)\nThe debtor absconded;\n(7)\nThe debtor removed or concealed assets;\n(8)\nThe 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;\n(9)\nThe debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred;\n(10)\nThe transfer occurred shortly before or shortly after a substantial debt was incurred; and\n(11)\nThe debtor transferred the essential assets of the business to a lienor who transferred the assets to an insider of the debtor.","path":["Title 28. Commercial Instruments and Transactions. [Enacted title]","Chapter 31. Fraudulent Conveyances."],"source_url":"https://code.dccouncil.gov/us/dc/council/code/sections/28-3104","current_through":"2026-08-20 (D.C. Law 26-175)","vintage":"","retrieved_at":"2026-08-29T05:44:07Z","sha256":"6c413f822586aee3ac07a112700267854f3ffa635e41140ac96a1bdde25570b3","source_id":"us-dc","stale":false,"prev":"us-dc/d.c.-code-28-3103","next":"us-dc/d.c.-code-28-3105"},"notice":"GroundRules: Original legal text. Not legal advice."}