- 18 - weight, since unsupported by evidence. Petitioner’s testimony that Steven had money contradicts respondent’s conclusion that Steven had no income or assets. On brief, respondent states that Steven is currently serving the third year of a 15-year prison sentence. Respondent has not shown any effort to obtain Steven’s testimony as to the extent of his assets. Respondent has failed to carry his burden of proving that Steven was insolvent within the meaning of Fla. Stat. sec. 726.103(1) because he has failed to establish the fair value of Steven’s assets. Respondent having failed to do that, we cannot say that Steven was insolvent within the meaning of Fla. Stat. sec. 726.103(1). c. Fla. Stat. Sec. 726.103(2) Under Fla. Stat. sec. 726.103(2), a debtor is presumed to be insolvent if he is generally not paying his debts as they become due. Respondent has failed to propose any finding with respect to whether Steven was generally paying his debts as they came due. Respondent’s argument on brief is that Steven “was unable to pay his debts as they became due, since his assets were of limited value and his income producing potential had dissipated.” That argument has no more traction here than it did with respect to Fla. Stat. sec. 726.103(1). While, on the transfer date, Steven may have been liable for his tax bills, respondent has failed to prove that, generally, he was not paying his debts as they came due.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011