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Transfer Act (UFTA), Fla. Stat. Ann. secs. 726.101 through
726.112 (West 2000) (hereafter Fla. Stat. sec. 726.xxx). In
particular, respondent directs us to Fla. Stat. secs. 726.105(1)
and 726.106(1). In pertinent part, Fla. Stat. sec. 726.105(1)
provides that a transfer is fraudulent as to a creditor if the
transfer is made with actual intent to defraud the creditor or
without the transferor receiving fair consideration in return, if
the transferor knew, or should have known, that he would be
unable to pay his debts as they became due.4 In pertinent part,
4 Fla. Stat. Sec. 726.105 is entitled “Transfers fraudulent
as to present and future creditors”. Subsection (1) thereof
provides as follows:
(1) A transfer made or obligation incurred by a
debtor is fraudulent as to a creditor, whether the
creditor’s claim arose before or after the transfer was
made or the obligation was incurred, if the debtor made
the transfer or incurred the obligation:
(a) With actual intent to hinder, delay, or
defraud any creditor of the debtor; or
(b) Without receiving a reasonably equivalent
value in exchange for the transfer or obligation, and
the debtor:
1. Was engaged or was about to engage in a
business or a transaction for which the remaining
assets of the debtor were unreasonably small in
relation to the business or transaction; or
2. Intended to incur, or believed or reasonably
should have believed that he or she would incur, debts
beyond his or her ability to pay as they became due.
Subsec. (2) thereof, which is not reproduced, sets forth a
number of factors that, among others, may be considered in
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Last modified: May 25, 2011