- 40 - e. The 1987 GMC Truck The 1987 GMC truck was transferred from Mr. Riffe's estate to Perticular Lawn.6 In the inventory, Mrs. Pert said the estimated fair market value of the 1987 GMC Truck was $4,000. f. Conclusion We conclude that respondent has traced $126,112 of assets ($100,000 cash, $22,112 for the 1992 Ford Explorer, and $4,000 for the 1987 GMC truck) from Mr. Riffe's estate to Mr. Pert. 4. Statutory Badges of Fraud Under Fla. Stat. Ann. Section 726.105(2) (West 1988) To establish that a transfer is fraudulent under Fla. Stat. Ann. section 726.105(1)(a) (West 1988), respondent must prove that the transferor intended to defraud or delay creditors. Respondent prevails if respondent shows that several of the following nonexclusive badges of fraud listed in Fla. Stat. Ann. section 726.105(2) (West 1988) are present in this case. Georgetown Manor, Inc. v. Ethan Allen, Inc., 991 F.2d 1533, 1539 (11th Cir. 1993); United States v. Romano, 757 F. Supp. 1331, 1335 (M.D. Fla. 1989), affd. without published opinion 918 F.2d 182 (11th Cir. 1990); Munim v. Azar, 648 So. 2d 145, 152 (Fla. Dist. Ct. App. 1994). Those badges are: (a) The transfer was to an insider; (b) the debtor kept possession or control of the property transferred after the transfer; (c) the transfer was 6Petitioners concede that the 1987 GMC truck was transferred from Mr. Riffe's estate to Mrs. Pert or Perticular Lawn, Inc.Page: Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Next
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