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intended to defraud or hinder creditors under Fla. Stat. Ann.
section 726.105 (West 1988), either by direct proof or by using a
nonexclusive list of factors (badges of fraud) listed in the
statute. Fla. Stat. Ann. sec. 726.105(1) and (2) (West 1988).
A creditor may also establish transferee liability by
showing that a conveyance is per se fraudulent. Fla. Stat. Ann.
sec. 726.106 (West 1988).3 There are two ways that a creditor
can prove that a conveyance is per se fraudulent. First, a
conveyance is per se fraudulent if: (a) The transferor
transferred assets to the transferee; (b) the transferor had a
preexisting liability at the time of the transfer; (c) the
transferee paid inadequate consideration for the transfer; and
(d) the transferor was insolvent at the time of or due to the
3 Fla. Stat. Ann. sec. 726.106 (West 1988) provides:
726.106. Transfers fraudulent as to present creditors
(1) A transfer made or obligation incurred by a
debtor is fraudulent as to a creditor whose claim arose
before the transfer was made or the obligation was
incurred if the debtor made the transfer or incurred
the obligation without receiving a reasonably
equivalent value in exchange for the transfer or
obligation and the debtor was insolvent at that time or
the debtor become insolvent as a result of the transfer
or obligation.
(2) A transfer made by a debtor is fraudulent as
to a creditor whose claim arose before the transfer was
made if the transfer was made to an insider for an
antecedent debt, the debtor was insolvent at that time,
and the insider had reasonable cause to believe that
the debtor was insolvent.
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