ELLEN EQUIPMENT v. C.V. CONSULTANTS

No. 27,029.

183 P.3d 940 (2008)

2008-NMCA-057

ELLEN EQUIPMENT CORPORATION, Plaintiff-Appellee/Cross-Appellant, v. C.V. CONSULTANTS & ASSOCIATES, INC., Ernie Uzzell and Victoria Uzzell, his wife, and Britt Cowell, and State National Bank, a Texas corporation, Defendants-Appellants/Cross-Appellees.

Court of Appeals of New Mexico.

February 7, 2008.


Attorney(s) appearing for the Case

Mounce, Green, Myers, Safi, Paxson & Galatzan, P.C., David M. Mirazo, El Paso, TX, for Appellee.

Holt Babington Mynatt P.C., Matthew P. Holt, Las Cruces, NM, for Appellant Britt Cowell.


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...

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