Harvey M. Pert, Transferee - Page 40

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                    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.               




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