- 12 - (i) The debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred. (j) The transfer occurred shortly before or shortly after a substantial debt was incurred. (k) The debtor transferred the essential assets of the business to a lienor who transferred the assets to an insider of the debtor. Several of these listed factors are present here. Mr. Fisher transferred his interests in the disputed parcels of land by warranty deeds on June 6, 1991, to his sister and brother-in-law, who are "insiders" for the purposes of FUFTA.9 See Fla. Stat. Ann. sec. 726.102(7) (West 1988). Mr. Fisher retained possession and control of the house that was built in 1989 on one of the parcels. He continued to live there until his imprisonment in 1993 and continued to make payments on the loan which encumbered the property.10 Petitioners paid no consideration in exchange for Mr. Fisher's transfer of the three parcels. Finally, the transfer of the parcels occurred after Mr. Fisher took the first step in his diversion scheme and shortly 9The close relationship of the transferee to the transferor tends to establish a prima facie case of a fraudulent conveyance which must be then met by the taxpayer. Money v. Powell, 139 So. 2d 702 (Fla. Dist. Ct. App. 1962). 10Retention of possession of the property after the transfer creates a prima facie presumption of fraud. Jones v. Wear, 149 So. 345 (Fla. 1933).Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011