Page 5 2012 U.S. Dist. LEXIS 93633, * days before the date of the filing of the petition; 5. that enables such creditor to receive more than such creditor would receive if — a. the case were a case under Chapter 7 of this title; b. the transfer had not been made; and c. such creditor received payment of such debt to the extent provided by the provisions of this title. 11 U.S.C.S. § 547(b). Bankruptcy Law > Case Administration > Examiners, Officers & Trustees > Fraudulent Transfers > Elements [HN20] To establish a claim for avoidance of a fraudulent transfer pursuant to 11 U.S.C.S. § 548(a)(1)(B), a party must show that within two (2) years of the petition date, the debtor received less than a reasonably equivalent value in exchange for such transfer or obligation, and: 1. was insolvent on the date that such transfer was made or such obligation was incurred, or became insolvent as result of such transfer or obligation; 2. was engaged in business or a transaction, or was about to engage in business or a transaction, for which any property remaining with the debtor was an unreasonably small capital; 3. intended to incur, or believed that the debtor would incur, debts that would be beyond the debtors ability to pay as such debts matured; or 4. made such transfer to or for the benefit of an insider, or incurred such obligation to or for the benefit of an insider, under an employment contract and not in the ordinary course of business. Bankruptcy Law > Case Administration > Examiners, Officers & Trustees > Fraudulent Transfers > General Overview [HN21] To establish a claim for the avoidance of a fraudulent transfer pursuant to 11 U.S.C.S. § 548(a)(1)(A), a party mush show that within two years of the petition date, the debtor made such transfer or incurred such obligation with intent to hinder, delay, or defraud any entity to which the debtor was or became, on or after the date that such transfer was made or such obligation was incurred, indebted.