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Case 1:05 -cv- 01738- RPM -CBS Document 1 -1 Filed 09/07/2005 Page 5 of 7 <br />102(8)(a)(IV) because, upon information and belief, each of the Tatums has the legal right and actual <br />capability to determine the actions of that entity. <br />19. Because each of the Tatums is a "person in control" of Solitario Purgatory, L.L.C., <br />that entity is an "insider" with respect to each of the Tatums within the meaning of CRS §§ 38 -2- <br />102(8), 38 -2 -105, and 38 -2 -106. <br />20. After the transfer described in Paragraph 17 above, each of the Tatums retained <br />possession or control of Solitario Ranch within the meaning of CRS § 38- 2- 105(2)(b). <br />I <br />21. The Tatums' transfer of the subject property occurred after MLO commenced its <br />action against the Tatums and after entry of the Virginia Judgment against them. <br />22. Upon information and belief, the subject property constituted substantially all of the <br />• Tatums' assets at the time of its transfer to Solitario Purgatory, L.L.C. <br />23. Upon information and belief, neither of the Tatums received a reasonably equivalent <br />value for the transfer of the subject property to Solitario Purgatory, L.L.C. <br />24. When the Tatums transferred the subject properly to Solitario Purgatory, L.L.C., each <br />of them believed or reasonably should have believed that he or she would incur debts beyond his or <br />her ability to pay as they became due. <br />25. Upon information and belief, the Tatums' conveyance of the subject property to <br />Solitario Purgatory, L.L.C., rendered each of the Tatums insolvent with the meaning of CRS §§ 38- <br />2 -103 and 38- 2- 106(1). <br />• —5— <br />