Ellen Equipment Corp. v. C v. Consultants & Associates, Inc.

OPINION

CASTILLO, Judge.

{1} This appeal turns on the provisions of the New Mexico Uniform Fraudulent Transfer Act (UFTA), NMSA 1978, §§ 56-10-14 to -25 (1989). In relevant part, Section 56-10-18 provides that a transfer made by a debtor is fraudulent as to a creditor if the debtor made the transfer (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 under circumstances set out in the statute. Section 56-10-18. In order for a transfer to be voidable, the creditor must prove either one…