CACI No. 4201

Delay, or Defraud (Civ. Code, § 3439.04(b))

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 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