- 10 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011