Dixie Van Aernam - Page 10




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          Fla. Stat. sec. 726.106(1) provides that a transfer is fraudulent           
          as to a creditor if the transferor is or, as a result of the                
          transfer, will become insolvent and the transferor does not                 
          receive fair consideration in return.5  In pertinent part, for              
          purposes of the UFTA, the term “insolvency” is defined as                   
          follows:                                                                    
                (1)  A debtor is insolvent if the sum of the                          
                debtor’s debts is greater than all of the debtor’s                    
                assets at fair valuation.                                             
                (2)  A debtor who is generally not paying his or her                  
                debts as they become due is presumed to be                            
                insolvent.                                                            
          Fla. Stat. sec. 726.103.  Under the UFTA, if a transfer is                  
          fraudulent as to a creditor, the creditor may, among other                  
          remedies (1) obtain avoidance of the transfer to the extent                 


               4(...continued)                                                        
          determining actual intent under subsec. (1)(a) thereof.  We                 
          describe and discuss some of those factors infra in sec.                    
          IV.D.3.b.                                                                   
               Since respondent does not rely on Fla. Stat. sec.                      
          726.105(1)(b)1., we disregard it in the discussion that follows.            
               5  Fla. Stat. sec. 726.106 is entitled “Transfers fraudulent           
          as to present creditors”.  Subsec. (1) thereof provides as                  
          follows:                                                                    
                    (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 that time or                
               the debtor became insolvent as a result of the transfer                
               or obligation.                                                         




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