badges of fraud

badges of fraud
A circumstance or other fact accompanying a transfer of property that the courts recognize as an especially reliable indicator of the transferor's actual intention to hinder, delay, or defraud creditors in making the transfer. It is defined as a fact tending to throw suspicion upon a transaction, and calling for an explanation. It is a suspicious circumstance that overhangs a transaction, or appears on the face of the papers. A circumstance which does not alone prove fraud, but which warrants inference of fraud, especially where there is a concurrence of many such badges. Brennecke v. Riemann, Mo., 102 S.W.2d 874, 877.
Recognized "badges of fraud" include fictitious consideration, false statements as to consideration, transactions different from usual course of doing business, transfer of all of a debtor's property, insolvency, confidential relationship of parties, and transfers in anticipation of suit or execution. Hendrix v. Goldman, Mo., 92 S.W.2d 733, 736

Black's law dictionary. . 1990.

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