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Home / Case Digests / 01-3881 Village of San Jose v. McWilliams

01-3881 Village of San Jose v. McWilliams

"Though actual intent [to defraud] is difficult to prove, it may be shown through circumstantial evidence, and the Fifth Circuit adopted a series of factors which, if proven, indicate actual fraud:(1) the lack or inadequacy of consideration; (2) the family, friendship or close associate relationship between the parties; (3) the retention of possession, benefit or ...

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