428.024. Transfers fraudulent as to present and future creditors. — 1. 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:
(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.
2. In determining actual intent under subdivision (1) of subsection 1 of this section, 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.
Notes of Decisions
Cited in
35
cases (
8 in the last 5 years), 1993–2025 · leading case:
Taylor v. Clark, 140 S.W.3d 242 (Mo. Ct. App. 2004).
Taylor v. Clark, 140 S.W.3d 242 (Mo. Ct. App. 2004).
· cites it 6× “Wilda appeals from the February 26, 2003 amended judgment in which the trial court ruled in her favor on one of three counts from her petition, finding that certain stock transfers were fraudulent, in violation of § 428.024, RSMo 2000, and awarding her damages in the amount of…”
Sunbelt Env't Servs., Inc. v. Rieder's Jiffy Mkt., Inc., 138 S.W.3d 130 (Mo. Ct. App. 2004).
· cites it 8× “Points I and II are similar and assert that the trial court erred in its interpretation and application of § 428.024, RSMo 2000, and in assessing liability against Trustee and OMA, respectively, because there was insufficient evidence to pierce the corporate veil and assess the…”
Lillian M. Lewellen v. Universal Underweriters Ins. Co. Chad Franklin, Chad Franklin Nat'l Auto Sales North, LLC & CFS Enter., Inc., 574 S.W.3d 251 (Mo. Ct. App. 2019).
· cites it 4× “21 § 428.024, RSMo Cum. Supp. 2016.11 A claim is defined as “a right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured.”
Bueneman v. Zykan, 52 S.W.3d 49 (Mo. Ct. App. 2001).
· cites it 3× “See Section 428.024 RSMo (2000). 5 . Appellants do not dispute that this amount represented fair market value for the lake property.”
Fleming Companies, Inc. v. Rich, 978 F. Supp. 1281 (E.D. Mo. 1997).
· cites it 8× “These two provisions are distinguished by the status of the unsecured creditor: § 428.024 R.S.Mo. is available to both present and future creditors; i.”
Bueneman v. Zykan, 181 S.W.3d 105 (Mo. Ct. App. 2005).
· cites it 4× “059 is extinguished unless action is brought: (1) Under subdivision (1) of subsection 1 of section 428.024, within four years after the transfer was made or the obligation was incurred or, if later, within one year after the transfer or obligation was or could reasonably have…”
State Ex Rel. Missouri High. & Transp. Comm'n v. Overall, 53 S.W.3d 222 (Mo. Ct. App. 2001).
· cites it 2× “024(1), a transfer 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…”
Helen Y. Smith v. Keystone Mut. Ins. Co., 579 S.W.3d 275 (Mo. Ct. App. 2019).
· cites it 2× “On Count III, the trial court affirmed a prior ruling that Smith had failed to state a claim under Section 428.024 “because Keystone is not a debtor subject to the statute.”
Sosne v. Van Vleck (In Re Van Vleck), 211 B.R. 689 (Bankr. E.D. Mo. 1997).
· cites it 6× “ically, the Trustee argues that nearly two and one half years worth of payments on Debt- or’s mortgage and transfers made to pay for repairs and maintenance to the home of the Debtor and his non-debtor spouse owned for two and one half years before filing bankruptcy constituted…”
— Mo. Rev. Stat. § 428.024(1) — 2 cases
State Ex Rel. Missouri High. & Transp. Comm'n v. Overall, 53 S.W.3d 222 (Mo. Ct. App. 2001).
“024(1), a transfer 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…”
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