CopyCited 45 times | Published | United States Bankruptcy Court, S.D. Florida. | 1999 Bankr. LEXIS 99
...at 1763. The Statute of 13 Elizabeth finds a modern expression in section 548(a). [106] Except for the 1970 Corvette Convertible which was owned by Tommy. See supra at Part IV.C.2.c. [107] The Boat was transferred postpetition. [108] Fla.Stat.Ann. § 726.101 et seq....
CopyCited 35 times | Published | Court of Appeals for the Eleventh Circuit | 2002 U.S. App. LEXIS 22000, 40 Bankr. Ct. Dec. (CRR) 99, 2002 WL 31356650
...from Financial Federated Title & Trust, Inc. (FinFed) and American Benefits
Services, Inc. (ABS), (collectively, ‘debtor’), to Orlick under federal and state
law.1 11 U.S.C. §§ 548(a)(1)(A), (a)(1)(B); 544(b); Uniform Fraudulent Transfer
Act, as adopted at Fla. Stat. § 726.101 et seq....
CopyCited 23 times | Published | Court of Appeals for the Eleventh Circuit | 2014 WL 2446084, 2014 U.S. App. LEXIS 10154
...Lee
Trust (“the Lee Trust”) (collectively, “the Lee Defendants”) appeals the grant of
summary judgment in favor of Burton M. Wiand (“the Receiver”) on the
Receiver’s complaint brought pursuant to the Florida Uniform Fraudulent Transfer
Act (“FUFTA”), Fla. Stat. § 726.101 et seq....
...The issue presented by this appeal is whether
Nadel’s transfer of receivership funds to the Lee Defendants was a transfer of
“property of a debtor” as required by FUFTA and otherwise satisfies the elements
of actual fraudulent intent. See Fla. Stat. § 726.101(2) (defining “asset” to mean
“property of a debtor”).
Under FUFTA’s actual fraud provision, a “transfer made or obligation
incurred by a debtor is fraudulent as to a creditor, whether the creditor’s claim...
...FUFTA must be “property of a debtor,” and the funds Nadel transferred were
property of the corporations. Fla. Stat. §
726.102(2), (12). This argument fails
4
Under FUFTA, a “creditor” is simply “a person who has a claim.” Fla. Stat. §
726.101(4).
15
Case: 13-10448 Date Filed: 06/02/2014 Page: 16 of 21
because the Receiver has demonstrated every element Florida courts require under
FUFTA, including the nature of the property constituting the asset....
CopyCited 23 times | Published | Court of Appeals for the Eleventh Circuit | 2005 U.S. App. LEXIS 26160
...s under the
Alien Tort Claims Act (“ATCA”), 28 U.S.C. § 1350, the Torture Victim Protection
Act (“TVPA”), 28 U.S.C. § 1350 note, Pub. L. No. 102-256 (1992), and the
Florida Uniform Fraudulent Transfer Act (“FUFTA”), Florida Statutes § 726.101,
et seq.
Lexiuste Cajuste alleges in a second amended complaint that Carl Dorélien,
a Colonel in the Haitian Armed Forces and Chief of Personnel from 1992 to 1994
was responsible for subjecting him to torture, arbitrary detenti...
CopyCited 21 times | Published | Court of Appeals for the Eleventh Circuit
...The Currency Exchange Transfers8
In addition to the transfer-and-note looting scheme, Renta was involved in a
8
These transactions formed the basis for the claim under Florida’s Uniform Fraudulent
Transfer Act. See Fla. Stat. § 726.101 et seq.
10
separate scheme that caused $10.5 million in losses to BanInter as a result of
currency exchange overdraft transactions....
CopyCited 20 times | Published | United States Bankruptcy Court, M.D. Florida | 2003 WL 23975405
...Defendants deny the allegations and assert the Payments are not property of Evergreen's bankruptcy estate. The required elements for establishing a transfer was actually and/or constructively fraudulent are pursuant to 11 U.S.C. § 548 and in Fla. Stat. § 726.101 et....
CopyCited 17 times | Published | District Court, S.D. Florida | 1990 U.S. Dist. LEXIS 16582, 1990 WL 104847
...k place in December 1987. Technically, propriety of the transfer is governed by the earlier statute, Fla.Stat. § 726.01. This statute was repealed effective January 1, 1988. However, the same result is reached under the successor statute, Fla.Stat. § 726.101 et seq., the Uniform Fraudulent *854 Transfer Act, as the Florida legislature substantially incorporated the legal and equitable principles of the predecessor act into the present act....
...Thus, summary judgment is appropriately entered in favor of the Glick Claimants on their claims to the interpleaded funds. B. The Uniform Fraudulent Transfer Act The court reaches the same result under the act which replaced section 726.01 in 1988, the Uniform Fraudulent Transfer Act, Fla.Stat. § 726.101, et seq....
CopyCited 12 times | Published | District Court, S.D. Florida | 1991 U.S. Dist. LEXIS 12361, 1991 WL 171163
...Marks sought to exempt the annuity contracts from the estate, but Bakst filed a timely objection. On November 29, 1989, the trustee filed this adversary proceeding in an effort to set aside the conversion of the Keogh certificates of deposit into the annuity contracts pursuant to 11 U.S.C. §§ 544 and 550 and Fla.Stat. §§ 726.101, et seq., as well as its predecessor statute Fla.Stat....
...Next, Marks claims that the bankruptcy court erred when it held that Marks's termination of his Keogh accounts and his subsequent use of the liquidated funds to purchase the two annuity contracts constituted a "transfer" for purposes of 11 U.S.C. § 544 or Fla.Stat. § 726.101....
CopyCited 10 times | Published | United States Bankruptcy Court, M.D. Florida | 1988 Bankr. LEXIS 233, 1988 WL 14147
...At the hearing, it became apparent that this issue had to be narrowed to the question of whether the creditors would receive the same protections provided under §§ 547 and 548 of the Code as they would under Florida's newly enacted Uniform Fraudulent Transfer Act ("UFTA"). Section 726.101 et seq., Florida Statutes (1987)....
CopyCited 7 times | Published | District Court, S.D. Florida | 79 Fed. R. Serv. 3d 781, 2011 U.S. Dist. LEXIS 52256, 2011 WL 1869352
...(DE #64 ¶¶ 859-65). Section
726.105 is part of Florida's Uniform Fraudulent Transfers Act ("UFTA"), which lays out a statutory scheme for creditors to set aside a debtor's transfer of assets to a third party under certain circumstances. Fla. Stat. §
726.101 et seq; Wiand v....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 1997 WL 82115
...See The Florida Bar v. Gentry,
447 So.2d 1342 (Fla.1984); Rajsfus v. Fabri,
535 So.2d 690 (Fla. 3d DCA 1988). The Bleidts next contend that the challenged transactions cannot be deemed fraudulent transfers under section
56.29 (proceedings supplementary) or section
726.101 (fraudulent transfers)....
CopyCited 6 times | Published | United States Bankruptcy Court, S.D. Florida. | 13 Fla. L. Weekly Fed. B 166, 2000 Bankr. LEXIS 428
...Indeed, less than one week after his decision in Phillips, Judge Weaver entered his opinion in Govaert v. B.R.E. Holding Co., Inc.,
105 B.R. 133, 135 (Bankr.S.D.Fla. 1989), wherein the court addressed a similar issue under the newly adopted Uniform Act, Fla.Stat. §
726.101 et seq....
CopyCited 5 times | Published | District Court, M.D. Florida | 2003 WL 22213716
...creditor of Bilzerian whose claim was not discharged by his bankruptcy. Florida law allows a creditor like the SEC to bring a fraudulent transfer action to set aside a constructively or actually fraudulent attempt to hide assets. [24] See Fla. Stat. § 726.101, et seq....
CopyCited 5 times | Published | United States Bankruptcy Court, S.D. Florida. | 1991 Bankr. LEXIS 221
...on 1991, General Statutes 1906, Section 2513, Revised General Statutes 1920, Section 3864, Comprehensive General Laws 1927, Section 5771, and later laws 1945, Chapter 22858, Section 7. The new Uniform Fraudulent Transfer Act adopted by Florida under § 726.101, et seq....
CopyCited 4 times | Published | United States Bankruptcy Court, M.D. Florida | 1989 Bankr. LEXIS 1641, 1989 WL 112295
...It is the contention of the Defendants that there are no genuine issues of material fact, and they are entitled to a judgment in their respective favors as a matter of law. The Complaint, which sought to be dismissed by the Defendants, seeks to avoid transfer pursuant to § 544(b) of the Bankruptcy Code and Fla. Stat. § 726.101 et seq....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2012 WL 4746471, 2012 Fla. App. LEXIS 16833
...cause of action was barred with respect to the allegedly fraudulent transfer under section
726.110(1), Florida Statutes (2002), VLFI moved to dismiss. The statute provides: A cause of action with respect to a fraudulent transfer or obligation under ss.
726.101-726.112 is extinguished unless action is brought: (1) Under s....
...ll, as a routine practice. If there are other facts that should have put the personal representative on notice of the Gads *715 den County conveyance, they were not alleged in the complaint. Reversed and remanded. CLARK and MAKAR, JJ., concur. . See § 726.101, Fla....
CopyCited 4 times | Published | Court of Appeals for the Eleventh Circuit | 2008 U.S. App. LEXIS 12923
...These promissory notes form the basis for the RICO predicate acts of mail and wire fraud, the Commission arguing that Renta lacked any intent to repay the notes at the time they were endorsed and transmitted. . These transactions formed the basis for the claim under Florida’s Uniform Fraudulent Transfer Act. See Fla. Stat. § 726.101 et seq....
CopyCited 4 times | Published | United States Bankruptcy Court, M.D. Florida | 16 Fla. L. Weekly Fed. B 218, 2003 Bankr. LEXIS 1097, 2003 WL 22052208
...The claim in this Count appears to seek recovery based on a contention that the transfer involved was fraudulent although the pleading fails to reveal whether or not the recovery is sought pursuant Sections 548 or 544(b) of the Code and Fla. Stat. § 726.101 et seq....
CopyCited 4 times | Published | District Court, M.D. Florida | 2013 WL 247072, 2013 U.S. Dist. LEXIS 8995
...The Receiver has sued numerous hedge fund investors, including Samuel Ross Morgan (“Morgan”), seeking to claw back “false profits” under two theories grounded on the same illegal scheme the indictment tracks: avoidance of fraudulent transfers under Florida’s Uniform Fraudulent Transfer Act, Fla. Stat. §§ 726.101 , et seq....
...127) and the Receiver responded thereto (Doc. 129). The Defendant seeks denial of the motion for summary judgment on two bases: 1) the money transferred to the defendant was not “property” of Nadel under Florida Uniform Fraudulent Transfer Act (FUFTA), Section 726.101, et seq, Fla....
...The Receiver has sued numerous hedge fund investors, including Samuel Ross Morgan (“Morgan”), seeking to claw back “false profits” under two theories grounded on the same illegal scheme the indictment tracks: avoidance of fraudulent transfers under Florida’s Uniform Fraudulent Transfer Act, Fla. Stat. §§ 726.101 , et seq....
...Hence, the innocent “winners” in a ponzi scheme should not be permitted to “enjoy an advantage over later investors sucked into the ponzi scheme who were not so lucky.” Id. citing In re United Energy Corp.,
944 F.2d 589 , 596 (9th Cir.1991). Under Florida’s version (“FUF-TA”) (see Fla. Stat. §
726.101 , et seq.), like other UFTA schemes, a receiver may proceed under two theories, actual fraud or constructive fraud....
CopyCited 4 times | Published | District Court, M.D. Florida | 2013 WL 247004, 2013 U.S. Dist. LEXIS 8972
...The Receiver has sued numerous hedge fund investors, including Diana Cloud (“Cloud”), seeking to claw back “false profits” under two theories grounded on the same illegal scheme the indictment tracks: avoidance of fraudulent transfers under Florida’s Uniform Fraudulent Transfer Act, Fla. Stat. §§ 726.101 , et seq....
...The Receiver has sued numerous hedge fund investors, including Diana Cloud (“Cloud”), seeking to claw back “false profits” under two theories grounded on the same illegal scheme the indictment tracks: avoidance of fraudulent transfers under Florida’s Uniform Fraudulent Transfer Act, Fla. Stat. §§ 726.101 , et seq....
...Hence, the innocent “winners” in a ponzi scheme should not be permitted to “enjoy an advantage over later investors sucked into the ponzi scheme who were not so lucky.” Id. citing In re United Energy Corp.,
944 F.2d 589 , 596 (9th Cir.1991). Under Florida’s version (“FUF-TA”) (see Fla. Stat. §
726.101 , et seq.), like other UFTA schemes, a receiver may proceed under two theories, actual fraud or constructive fraud....
CopyCited 4 times | Published | United States Bankruptcy Court, S.D. Florida.
...ury selection in the state court action. The state court action was stayed in accordance with 11 U.S.C. § 362. APPLICABLE LAW AND ARGUMENT Defendant moved for summary judgment on several grounds. First, Defendant maintained *312 that application of § 726.101, Fla.Stat....
...Hence, since this action was filed in July 1994, it was time barred. Lastly, Defendant argued that the state court action may be the appropriate forum. I. PURPORTED RETROACTIVE APPLICATION OF THE STATUTE In paragraph 20 of the Amended Complaint, Plaintiff cites to § 726.101, Fla. Stat. (1993). Defendant argues that to apply § 726.101 Fla.Stat....
...Defendant argues that the four-year statute of limitations set forth in Fla.Stat. §
726.110(1) bars the Trustee from maintaining an action for fraudulent transfers prior to 1990. Fla.Stat. §
726.110(1) provides the following: A cause of action with respect to a fraudulent transfer or obligation under §§
726.101-726.112 is extinguished unless action is brought: (1) Under §
726.105(1)(a), within 4 years after the transfer was made or the obligation was incurred or, if later, within 1 year after the transfer or obligation was or could reasonably have been discovered by the claimant; (emphasis added)....
CopyCited 3 times | Published | United States Bankruptcy Court, M.D. Florida | 18 Fla. L. Weekly Fed. B 436, 2005 Bankr. LEXIS 2129, 2005 WL 2483338
...Estoppel has long been recognized in Florida as a bar to assertions regarding statutes of limitation. Major League Baseball v. Morsani,
790 So.2d 1071, 1078 (Fla.2001). [7] Florida Statute §
726.111, specifically provides that, unless displaced by the provisions of §
726.101-112, the principles of equity including estoppel supplement those provisions....
CopyCited 3 times | Published | Court of Appeals for the Eleventh Circuit
...1 of the Berne Convention and 17 U.S.C. § 102 (a); Count VII, Trademark Dilution, Fla Stat. §
495.151 et seq.; Count 'VIII, Unfair and Deceptive Trade Practices, Fla. Stat. §
501.201 et seq.; Count IX, Fraudulent Transfers and Conveyances, Uniform Fraudulent Transfer Act, Fla. Stat.
726.101, 11 U.S.C....
CopyCited 3 times | Published | United States Bankruptcy Court, M.D. Florida | 1990 Bankr. LEXIS 308, 1990 WL 12267
...In November 1989, counsel for Gugino filed a Motion for Leave to Amend her Complaint against the Debtor by asserting a violation of the Bulk Sales Statute, Article 6 of the Uniform Commercial Code, as adopted by this state by Fla.Stat. 676.6-101, et seq., and a fraudulent transfer claim based on Fla.Stat. 726.101, et seq....
CopyCited 2 times | Published | United States Bankruptcy Court, M.D. Florida
...It was public knowledge that Facebook planned an initial public offering. See http:// www.cbsnews.com/news/facebook-poised-for-ipo. . Adv. Pro. No. 8:13-ap-336-CED, Doc. No. 110-1, ¶¶ 28-29. . Adv. Pro. No. 8:13-ap-479-CED. . Berkman Case, Doc. No. 213. . Fla. Stat. § 726.101 , et seq....
CopyCited 2 times | Published | United States Bankruptcy Court, N.D. Florida | 21 Fla. L. Weekly Fed. B 428, 63 A.L.R. Fed. 2d 725, 2008 Bankr. LEXIS 1978, 2008 WL 2721732
...Bender, in her official capacity as the Chapter 7 trustee, as Plaintiff and named Mr. Ridley and TCR as Defendants. The complaint was subsequently amended to include Ridley Owens of Virginia, Inc. as a Defendant. The trustee's claim was brought under Florida's Uniform Fraudulent Transfer Act ("UFTA"), Florida Statutes § 726.101, et seq....
CopyCited 1 times | Published | United States Bankruptcy Court, M.D. Florida | 12 Fla. L. Weekly Fed. B 266, 1998 Bankr. LEXIS 1871, 1998 WL 1093544
...ary Injunction and the Enforcement Order. While it is true that the alleged fraudulent transfer is claimed to be one of the terms of the Stipulated Temporary Injunction and the Enforcement Order, it is sought to be set aside based on Florida Statute § 726.101 as used by the Debtor by relying on Section 544(b) of the Bankruptcy Code which permits a trustee, and of course a debtor-in-possession, to borrow a State law chose of action which could have been asserted by an existing creditor of the Debtor....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Mar 9, 2022
II.B. 20 Florida’s UFTA, Fla. Stat. §
726.101 et seq., states in relevant part:
CopyPublished | District Court, M.D. Florida | 74 A.F.T.R.2d (RIA) 6755, 1994 U.S. Dist. LEXIS 15229, 1994 WL 739374
...raud any creditor of the debtor ...” Fla.Stat.Ann. §
726.105(l)(a) (West 1988). The Court concludes that Mead’s transfer of the three disputed parcels to the Hysells falls within the purview of the Uniform Fraudulent Transfer Act, Fla.Stat.Ann. §
726.101 et seq....
CopyPublished | United States Bankruptcy Court, S.D. Florida. | 1989 Bankr. LEXIS 1066
...The trustee seeks the avoidance of the debtor’s transfer of a yacht (the Motivation) to the defendant. The trustee alleges a fraudulent transfer under 11 U.S.C. § 548 (a)(2) (constructive fraud) and § 548(a)(1) (actual fraud). At trial plaintiff abandoned Count III under Fla.Stat. § 726.101....
CopyPublished | District Court, M.D. Florida | 2013 WL 246731, 2013 U.S. Dist. LEXIS 8969
...The Receiver has sued numerous hedge fund investors, including Dancing $ LLC (“Dancing $”), seeking to claw back “false profits” under two theories grounded on the same illegal scheme the indictment tracks: 1 avoidance of fraudulent transfers under Florida’s Uniform Fraudulent Transfer Act, Fla. Stat. §§ 726.101 , et seq....
...The Defendant seeks denial of the motion for summary judgment and reargues several issues that have been ruled on previously in this case, including the question of the standing of the Receiver to bring the action under the Florida Uniform Fraudulent Transfers Act (FUFTA), Section 726.101, et seq, Fla....
...The Receiver has sued numerous hedge fund investors, including Dancing $ LLC (“Dancing $”),• seeking to claw back “false profits” under two theories grounded on the same illegal scheme the indictment tracks: avoidance of fraudulent transfers under Florida’s Uniform Fraudulent Transfer Act, Fla. Stat. §§ 726.101 , et seq....
...Hence, the innocent “winners” in a ponzi scheme should not be permitted to “enjoy an advantage over later investors sucked into the ponzi scheme who were not so lucky.” Id. citing In re United Energy Corp.,
944 F.2d 589 , 596 (9th Cir.1991). Under Florida’s version (“FUF-TA”) (see Fla. Stat. §
726.101 , et seq.), like other UFTA schemes, a receiver may proceed under two theories, actual fraud or constructive fraud....
CopyPublished | United States Bankruptcy Court, M.D. Florida | 16 Fla. L. Weekly Fed. B 71, 157 Oil & Gas Rep. 1104, 2003 Bankr. LEXIS 118
...attachment against any assets transferred and proceeds from the interest or, in the alternative, for the value of the transferred properties. In Count V, the Trustee seeks to avoid as fraudulent transfers, under the Uniform Transfer Act, Fla. Stat. § 726.101 et seq., as made applicable by Section 544(b) of the Code, the transfers from the Family Trust *477 to the Defendant....
..., again, seeks an attachment against the assets transferred and any proceeds or, in the alternative, the value of the transferred properties. In Count VI, the Trustee seeks to avoid as fraudulent transfers, under the Uniform Transfer Act, Fla. Stat. § 726.101 et seq., as made applicable by Section 544(b) of the Code, transfers from the Family Trust to the Defendant....
CopyPublished | Florida 4th District Court of Appeal
...The clerk of the
court shall docket a supplemental proceeding under the same
case number assigned to the original complaint filed by the
judgment creditor . . . .
§
56.29(9), Fla. Stat. (2018) (emphasis added).
Chapter 726 is Florida’s enactment of the Uniform Fraudulent Transfer
Act. See §
726.101, Fla....
...Section
726.110, Florida Statutes,
sets forth the following limitations periods for fraudulent transfer claims
brought under chapter 726:
8
A cause of action with respect to a fraudulent transfer or
obligation under ss.
726.101-726.112 is extinguished unless
action is brought:
(1) Under s....
CopyPublished | United States Bankruptcy Court, M.D. Florida | 2009 Bankr. LEXIS 1063, 2009 WL 1080019
...On October 30, 2007, the District Court in Tampa entered a judgment finding that the February 20, 2003, transfer of funds into the tenancy by the entireties bank account was a fraudulent transfer as to Davis's known judgment creditor, Brian Dowling, under the Florida Uniform Fraudulent Transfer Statute, Fla. Stat. § 726.101 et seq....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Nov 18, 2022
..., 1 District
Judge.
LAGOA, Circuit Judge:
This case presents issues of first impression to this Court re-
garding the application of the Florida Uniform Fraudulent Transfer
Act (“FUFTA”), Fla. Stat. § 726.101 et seq....
...yond his or her ability to pay as they became due.
Florida Statute §
726.108 provides the following creditors’
remedies under FUFTA:
(1) In an action for relief against a transfer or obliga-
tion under [§§]
726.101-726.112, a creditor, subject to
the limitations in [§]
726.109 may obtain:
(a) Avoidance of the transfer or obligation to the ex-
tent necessary to satisfy the creditor’s claim;
(b) A...
