- 19 - to establish a close relationship.4 We disagree. That section was not in effect until January 1, 1988, which was after House of Babes was liquidated. 1987 Fla. Laws ch. 87-79, sec. 6; see Snellgrove v. Fogazzi, 616 So. 2d 527, 528 (Fla. Dist. Ct. App. 1993). c. Inadequate Consideration Under Florida law, a conveyance made without adequate consideration by a debtor is a badge of fraud. Cleveland Trust Co. v. Foster, supra at 114; Money v. Powell, 139 So. 2d 702, 704 (Fla. Dist. Ct. App. 1962). Petitioners contend that the liquidation of House of Babes was not a transfer of House of 4Fla. Stat. Ann. sec. 726.106(1) and (2) (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 the time or the debtor became 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 the time, and the insider had reasonable cause to believe that the debtor was insolvent.Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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