Dixie Van Aernam - Page 9




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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                  
                                                             (continued...)           




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