Florida Statute 726.102 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLI
STATUTE OF FRAUDS, FRAUDULENT TRANSFERS, AND GENERAL ASSIGNMENTS

Chapter 726
FRAUDULENT TRANSFERS

View Entire Chapter

F.S. 726.102

726.102 Definitions.—As used in ss. 726.101-726.112:

(1) “Affiliate” means:

(a) A person who directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than a person who holds the securities:

1. As a fiduciary or agent without sole discretionary power to vote the securities; or

2. Solely to secure a debt, if the person has not exercised the power to vote.

(b) A corporation 20 percent or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held with power to vote, by the debtor or a person who directly or indirectly owns, controls, or holds, with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than a person who holds the securities:

1. As a fiduciary or agent without sole power to vote the securities; or

2. Solely to secure a debt, if the person has not in fact exercised the power to vote.

(c) A person whose business is operated by the debtor under a lease or other agreement, or a person substantially all of whose assets are controlled by the debtor; or

(d) A person who operates the debtor’s business under a lease or other agreement or controls substantially all of the debtor’s assets.

(2) “Asset” means property of a debtor, but the term does not include:

(a) Property to the extent it is encumbered by a valid lien;

(b) Property to the extent it is generally exempt under nonbankruptcy law; or

(c) An interest in property held in tenancy by the entireties to the extent it is not subject to process by a creditor holding a claim against only one tenant.

(3) “Charitable contribution” means a charitable contribution as that term is defined in s. 170(c) of the Internal Revenue Code of 1986, if that contribution consists of:

(a) A financial instrument as defined in s. 731(c)(2)(C) of the Internal Revenue Code of 1986; or

(b) Cash.

(4) “Claim” means a right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured.

(5) “Creditor” means a person who has a claim.

(6) “Debt” means liability on a claim.

(7) “Debtor” means a person who is liable on a claim.

(8) “Insider” includes:

(a) If the debtor is an individual:

1. A relative of the debtor or of a general partner of the debtor;

2. A partnership in which the debtor is a general partner;

3. A general partner in a partnership described in subparagraph 2.; or

4. A corporation of which the debtor is a director, officer, or person in control;

(b) If the debtor is a corporation:

1. A director of the debtor;

2. An officer of the debtor;

3. A person in control of the debtor;

4. A partnership in which the debtor is a general partner;

5. A general partner in a partnership described in subparagraph 4.; or

6. A relative of a general partner, director, officer, or person in control of the debtor.

1. A general partner in the debtor;

2. A relative of a general partner in, a general partner of, or a person in control of the debtor;

3. Another partnership in which the debtor is a general partner;

4. A general partner in a partnership described in subparagraph 3.; or

5. A person in control of the debtor.

(d) An affiliate, or an insider of an affiliate as if the affiliate were the debtor.

(e) A managing agent of the debtor.

(9) “Lien” means a charge against or an interest in property to secure payment of a debt or performance of an obligation, and includes a security interest created by agreement, a judicial lien obtained by legal or equitable process or proceedings, a common-law lien, or a statutory lien.

(10) “Person” means an individual, partnership, corporation, association, organization, government or governmental subdivision or agency, business trust, estate, trust, or any other legal or commercial entity.

(11) “Property” means anything that may be the subject of ownership.

(12) “Qualified religious or charitable entity or organization” means:

(a) An entity described in s. 170(c)(1) of the Internal Revenue Code of 1986; or

(b) An entity or organization described in s. 170(c)(2) of the Internal Revenue Code of 1986.

(13) “Relative” means an individual related by consanguinity within the third degree as determined by the common law, a spouse, or an individual related to a spouse within the third degree as so determined, and includes an individual in an adoptive relationship within the third degree.

(14) “Transfer” means every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with an asset or an interest in an asset, and includes payment of money, release, lease, and creation of a lien or other encumbrance.

(15) “Valid lien” means a lien that is effective against the holder of a judicial lien subsequently obtained by legal or equitable process or proceedings.

History.—s. 2, ch. 87-79; s. 1, ch. 2013-189.

F.S. 726.102 on Google Scholar

F.S. 726.102 on CourtListener

Amendments to 726.102

Annotations, Discussions, Cases:

Cases Citing Statute 726.102

Total Results: 63

Beal Bank, SSB v. Almand and Associates

780 So. 2d 45, 26 Fla. L. Weekly Supp. 106, 2001 Fla. LEXIS 408, 2001 WL 197031

Supreme Court of Florida | Filed: Mar 1, 2001 | Docket: 1298410

Cited 73 times | Published

556 (Fla. 4th DCA 1999) (holding that under section 726.102(c), the creditor has the initial burden of

Friedman v. Heart Inst. of Port St. Lucie, Inc.

863 So. 2d 189, 20 I.E.R. Cas. (BNA) 742, 28 Fla. L. Weekly Supp. 808, 2003 Fla. LEXIS 1619, 2003 WL 22208004

Supreme Court of Florida | Filed: Sep 25, 2003 | Docket: 1431602

Cited 40 times | Published

as a "creditor." See § 726.102(4), Fla. Stat. (2002). As defined in section 726.102, a "claim" is broadly

Bankr. L. Rep. P 77,625, 11 Fla. L. Weekly Fed. C 1025 in Re: Myron Levine, A.K.A. Mike Levine Jacquelyn P. Levine, A.K.A. Jackie Levine, Debtors. Myron Levine, A.K.A. Mike Levine Jacquelyn Levine, A.K.A. Jackie Levine v. Charles Weissing, Trustee

134 F.3d 1046

Court of Appeals for the Eleventh Circuit | Filed: Feb 3, 1998 | Docket: 582790

Cited 31 times | Published

encumbrance. 15 Fla. Stat. § 726.102(12). Although the Florida legislature has never

AMJAD MUNIM, MD, PA v. Azar

648 So. 2d 145, 1994 WL 457141

District Court of Appeal of Florida | Filed: Aug 24, 1994 | Docket: 2465709

Cited 30 times | Published

and assets were to an insider as defined by section 726.102(7); Dr. Munim retained control of the assets

Freeman v. First Union Nat. Bank

865 So. 2d 1272, 2004 WL 178598

Supreme Court of Florida | Filed: Jan 29, 2004 | Docket: 130192

Cited 28 times | Published

as a "creditor." See § 726.102(4), Fla. Stat. (2002). As defined in section 726.102, a "claim" is broadly

Wiand Ex Rel. Valhalla Investment Partners, L.P. v. Lee

753 F.3d 1194, 2014 WL 2446084, 2014 U.S. App. LEXIS 10154

Court of Appeals for the Eleventh Circuit | Filed: Jun 2, 2014 | Docket: 348196

Cited 23 times | Published

equitable, secured, or unsecured.” Fla. Stat. § 726.102(4), (3). A fraudulent transfer must be of an “asset

General Trading Inc. v. Yale Materials Handling Corp.

119 F.3d 1485, 47 Fed. R. Serv. 670, 1997 U.S. App. LEXIS 22374, 1997 WL 447351

Court of Appeals for the Eleventh Circuit | Filed: Aug 22, 1997 | Docket: 64037342

Cited 19 times | Published

person in control of the corporation. Fla. Stat. § 726.102(7)(b). Baeza, Sr. was an insider to GT corporation

Wiand v. Waxenberg

611 F. Supp. 2d 1299, 2009 U.S. Dist. LEXIS 22559, 2009 WL 728546

District Court, M.D. Florida | Filed: Mar 19, 2009 | Docket: 1831080

Cited 16 times | Published

debtor's assets to a third party. Fla. Stat. § 726.102(1),(12). Thus, the issue is not, as Mrs. Waxenberg

Meininger v. Miller (In Re Miller)

188 B.R. 302, 9 Fla. L. Weekly Fed. B 191, 1995 Bankr. LEXIS 1530, 1995 WL 628054

United States Bankruptcy Court, M.D. Florida | Filed: Oct 17, 1995 | Docket: 1818244

Cited 16 times | Published

property which he owned individually. Fla.Stat. § 726.102(2)(c) provides that an interest in property held

NATIONSBANK, NA v. Coastal Utilities, Inc.

814 So. 2d 1227, 2002 WL 816836

District Court of Appeal of Florida | Filed: May 1, 2002 | Docket: 348208

Cited 15 times | Published

with an asset or an interest in an asset...." § 726.102(12), Fla. Stat. (1999). The broad definition includes

Laboratory Corp. v. PROFESSIONAL RECOVERY

813 So. 2d 266, 2002 Fla. App. LEXIS 4716, 2002 WL 537633

District Court of Appeal of Florida | Filed: Apr 12, 2002 | Docket: 2515231

Cited 15 times | Published

that no assets, as that term is defined by section 726.102(2), Florida Statutes, were transferred by DPM

Weissing v. Levine (In Re Levine)

139 B.R. 551, 6 Fla. L. Weekly Fed. B 94, 1992 Bankr. LEXIS 585, 1992 WL 81936

United States Bankruptcy Court, M.D. Florida | Filed: Apr 2, 1992 | Docket: 1111332

Cited 12 times | Published

101(54) of the Bankruptcy Code and in Fla.Stat. § 726.102(12) as "every mode, direct or indirect, absolute

Cook v. Pompano Shopper, Inc.

582 So. 2d 37, 1991 WL 98034

District Court of Appeal of Florida | Filed: Jun 12, 1991 | Docket: 348219

Cited 12 times | Published

"contingent" and not yet reduced to judgment. See § 726.102(3), Fla. Stat. (1987); see also 37 Am.Jur.2d Fraudulent

Woodard v. Stewart (In Re Stewart)

280 B.R. 268, 2001 Bankr. LEXIS 2019, 2001 WL 1906183

United States Bankruptcy Court, M.D. Florida | Filed: Oct 1, 2001 | Docket: 1500657

Cited 9 times | Published

transfers were made to an insider of the Debtor. See § 726.102(7) of the Florida Statutes, which defines an "insider"

Wiand v. Wells Fargo Bank, N.A.

86 F. Supp. 3d 1316, 2015 U.S. Dist. LEXIS 15146, 2015 WL 518826

District Court, M.D. Florida | Filed: Feb 9, 2015 | Docket: 64300490

Cited 7 times | Published

omitted). The Bank relies on the plain language of § 726.102(14), which provides that a “transfer” occurs only

Kapila v. SunTrust Mortgage, Inc. (In re Pearlman)

515 B.R. 887, 25 Fla. L. Weekly Fed. B 55, 2014 Bankr. LEXIS 4134, 60 Bankr. Ct. Dec. (CRR) 32

United States Bankruptcy Court, M.D. Florida | Filed: Sep 26, 2014 | Docket: 65786626

Cited 7 times | Published

at 570-71. . 11 U.S.C. § 101(54); Fla. Stat. § 726.102(12). . See In re Wayne, 237 B.R. 506, 508-09

Furr v. TD Bank, N.A. (In re Rollaguard Sec., LLC)

591 B.R. 895

United States Bankruptcy Court, S.D. Florida. | Filed: Oct 1, 2018 | Docket: 65790886

Cited 6 times | Published

asset or an interest in an asset[.]" Fla. Stat. § 726.102(14). Technically, when one makes a deposit with

National Auto Service Centers, Inc. v. F/R 550, LLC

192 So. 3d 498, 2016 Fla. App. LEXIS 4820, 2016 WL 1238265

District Court of Appeal of Florida | Filed: Mar 30, 2016 | Docket: 3049198

Cited 6 times | Published

transfer is- the disposition of an asset. See § 726.102(14) (defining a transfer as “every mode ... of

Dzikowski v. Delson (In Re Delson)

247 B.R. 873, 13 Fla. L. Weekly Fed. B 166, 2000 Bankr. LEXIS 428

United States Bankruptcy Court, S.D. Florida. | Filed: Apr 20, 2000 | Docket: 1826582

Cited 6 times | Published

holding a claim against only one tenant." Fla.Stat. § 726.102(2)(b,c) (defining "asset," as used, in turn, in

In re Bos

561 B.R. 868, 2016 Bankr. LEXIS 773

United States Bankruptcy Court, N.D. Florida | Filed: Mar 11, 2016 | Docket: 65789370

Cited 4 times | Published

Bankruptcy Code and Florida Law. 11 U.S.C. § 101(31); § 726.102, Fla. Stat. (2016). Because the Court finds that

Wiand v. Morgan

919 F. Supp. 2d 1342, 2013 WL 247072, 2013 U.S. Dist. LEXIS 8995

District Court, M.D. Florida | Filed: Jan 23, 2013 | Docket: 65988298

Cited 4 times | Published

defined as “property of the debtor” Fla. Stat. § 726.102(2). The evidence before me clearly demonstrates

Mason v. E. Speer & Associates, Inc.

846 So. 2d 529, 2003 WL 244933

District Court of Appeal of Florida | Filed: Feb 5, 2003 | Docket: 1301635

Cited 4 times | Published

not have been a fraudulent transfer under section 726.102(12), Florida Statutes, or 11 U.S.C. § 548 which

Ford v. Feldman (In Re Florida Bay Trading Co.)

177 B.R. 374, 8 Fla. L. Weekly Fed. B 277, 25 U.C.C. Rep. Serv. 2d (West) 966, 1994 Bankr. LEXIS 2066, 1994 WL 738999

United States Bankruptcy Court, M.D. Florida | Filed: Oct 3, 1994 | Docket: 1805871

Cited 4 times | Published

property." The definition of the term in Fla.Stat. § 726.102(12) is basically the same if not broader. In sum

Hyman v. Harrold (In Re Scott Wetzel Services, Inc.)

293 B.R. 791, 16 Fla. L. Weekly Fed. B 131, 2003 Bankr. LEXIS 533, 2003 WL 21289976

United States Bankruptcy Court, M.D. Florida | Filed: Feb 19, 2003 | Docket: 1860061

Cited 3 times | Published

Harrold was not a "debtor" as defined in Fla. Stat. § 726.102(6) of SWS at the time she converted the cash received

Kapila v. Covino (In Re Covino)

187 B.R. 773, 9 Fla. L. Weekly Fed. B 148, 1995 Bankr. LEXIS 1400

United States Bankruptcy Court, S.D. Florida. | Filed: Sep 26, 1995 | Docket: 1842813

Cited 3 times | Published

transfer as defined under Florida Statute Section 726.102(12). Also, the Debtors did not receive a reasonably

Tabas v. Maloney (In Re Florida West Gateway, Inc.)

182 B.R. 595, 9 Fla. L. Weekly Fed. B 20, 1995 Bankr. LEXIS 743, 27 Bankr. Ct. Dec. (CRR) 344

United States Bankruptcy Court, S.D. Florida. | Filed: Apr 25, 1995 | Docket: 1814201

Cited 3 times | Published

legal equitable, secured or unsecured." Fla.Stat. § 726.102(3) & (4). The record in this case offers no evidence

Amjad Munim, M.D., P.A. v. Azar

648 So. 2d 145, 1994 Fla. App. LEXIS 8334

District Court of Appeal of Florida | Filed: Aug 24, 1994 | Docket: 64753225

Cited 3 times | Published

and assets were to an insider as defined by section 726.102(7); Dr. Munim retained control of the assets

Welch v. Regions Bank (In re Mongelluzzi)

591 B.R. 480

United States Bankruptcy Court, M.D. Florida | Filed: Jul 18, 2018 | Docket: 65790865

Cited 2 times | Published

548(a)(1). Doc. No. 156, Exh. 10. Fla. Stat. § 726.102(14). 11 U.S.C. § 101(54)(D). In re Whitley

Welch v. Regions Bank (In re Mongelluzzi)

587 B.R. 392

United States Bankruptcy Court, M.D. Florida | Filed: Jun 20, 2018 | Docket: 65790649

Cited 2 times | Published

the IRS's claims as disputed.44 In any event, § 726.102(4) specifically defines "claim" as including disputed

Mark S. Yaralli, etc. v. American Reprographics Company, LLC

165 So. 3d 785, 2015 Fla. App. LEXIS 8024, 2015 WL 3387966

District Court of Appeal of Florida | Filed: May 27, 2015 | Docket: 2679307

Cited 2 times | Published

“creditor” is defined as “a person who has a claim.” § 726,102(5), Fla. Stat. (2012). A “claim” is defined as

Edwards v. Airline Support Group, Inc.

138 So. 3d 1209, 2014 WL 2197625, 2014 Fla. App. LEXIS 8092

District Court of Appeal of Florida | Filed: May 28, 2014 | Docket: 60240537

Cited 2 times | Published

“affiliate” and “insider” of DAE1 as defined in section 726.102, Florida Statutes (2013), and that Edwards

National Maritime Services, Inc. v. Straub

979 F. Supp. 2d 1322, 2013 WL 5770677, 2013 U.S. Dist. LEXIS 152869

District Court, S.D. Florida | Filed: Oct 24, 2013 | Docket: 65995101

Cited 2 times | Published

refers to any person who has a claim. Fla. Stat. § 726.102(5). The creditor’s “claim” is broadly defined

Friedman v. Heart Inst. of Port St. Lucie, Inc.

806 So. 2d 625, 27 Fla. L. Weekly Fed. D 345

District Court of Appeal of Florida | Filed: Feb 6, 2002 | Docket: 1712897

Cited 2 times | Published

under the Act is a "person who has a claim." § 726.102(4), Fla. Stat. (1999). A "claim" on which a creditor

Crews v. Lankry (In Re Lankry)

263 B.R. 638, 2001 Bankr. LEXIS 927, 2001 WL 715650

United States Bankruptcy Court, M.D. Florida | Filed: Jun 20, 2001 | Docket: 2572081

Cited 2 times | Published

were not "assets" attachable by Plaintiff under § 726.102. Specifically, Defendant argues that the non-entireties

National Union Fire Ins. Co. v. Grusky

763 So. 2d 1206, 2000 Fla. App. LEXIS 4562, 2000 WL 390221

District Court of Appeal of Florida | Filed: Apr 19, 2000 | Docket: 1278360

Cited 2 times | Published

the debtor in the bankruptcy proceeding. Section 726.102(4), Florida Statutes (1995), defines "creditor"

Cafaro v. Zois

693 F. App'x 810

Court of Appeals for the Eleventh Circuit | Filed: May 23, 2017 | Docket: 65965294

Cited 1 times | Published

2014) (internal quotation marks omitted). In Section 726.102, Florida Statutes, FUFTA defines asset as “property

Smith v. Effective Teleservices, Inc.

133 So. 3d 1048, 2014 WL 51686, 2014 Fla. App. LEXIS 144

District Court of Appeal of Florida | Filed: Jan 8, 2014 | Docket: 60238652

Cited 1 times | Published

defines a “creditor” as “a person who has a claim.” § 726.102(4), Fla. Stat. (2010). Authorized by section 727

Bedwell v. Rucks

127 So. 3d 533, 2012 WL 5349381, 2012 Fla. App. LEXIS 18963

District Court of Appeal of Florida | Filed: Oct 31, 2012 | Docket: 60236736

Cited 1 times | Published

undisputed, legal, equitable, secured, or unsecured.” § 726.102(3), Fla. Stat. (2010); see also Friedman, 863

Newman v. William L. Gunlicks Irrevocable Trust

897 F. Supp. 2d 1270, 2012 WL 4369602, 2012 U.S. Dist. LEXIS 136962

District Court, M.D. Florida | Filed: Sep 25, 2012 | Docket: 65985497

Cited 1 times | Published

as a “creditor.” See § 726.102(4), Fla. Stat. (2002). As defined in section 726.102, a “claim” is broadly

Syngenta Seeds, Inc. v. Wingate (In Re Wingate)

377 B.R. 687, 21 Fla. L. Weekly Fed. B 67, 2006 Bankr. LEXIS 4458, 2006 WL 4927306

United States Bankruptcy Court, M.D. Florida | Filed: Jun 15, 2006 | Docket: 1103650

Cited 1 times | Published

claim against only one spouse. See Fla.Stat. § 726.102(2)(c) (2001). Therefore, as between spouses still

Levin v. Ethan Allen, Inc.

823 So. 2d 132, 2002 WL 561378

District Court of Appeal of Florida | Filed: Apr 17, 2002 | Docket: 1512732

Cited 1 times | Published

contingent... unmatured, disputed ... or unsecured." § 726.102(3) and (4). Ethan Allen, by virtue of the judgment

Wachsmuth Ex Rel. Gussen v. Cohen (In Re Wachsmuth Ex Rel. Gussen)

272 B.R. 766, 15 Fla. L. Weekly Fed. B 68, 2001 Bankr. LEXIS 1752, 2001 WL 1755369

United States Bankruptcy Court, M.D. Florida | Filed: Aug 21, 2001 | Docket: 1861569

Cited 1 times | Published

fraudulent transfer of the State of Florida, § 726.102(3 4)(Definition of Creditor and Claim) and §

Allen v. Crawford (In Re Crawford)

172 B.R. 365, 8 Fla. L. Weekly Fed. B 219, 1994 Bankr. LEXIS 1475, 1994 WL 519020

United States Bankruptcy Court, M.D. Florida | Filed: Jul 22, 1994 | Docket: 1868164

Cited 1 times | Published

transfer thus voidable pursuant to Fla.Stat. § 726.102(12). In light of the undisputed fact that the

Kapila v. CTS Equities Limited Partnership

District Court of Appeal of Florida | Filed: Aug 6, 2025 | Docket: 71038143

Published

with an asset or an interest in an asset." § 726.102(14) (emphasis added). The UFTA further defines

Recovery Agents, LLC v. Estate of Peter Tutko, Tutko

District Court of Appeal of Florida | Filed: Jan 22, 2025 | Docket: 69565186

Published

hinder, a judgment creditor against Mark. See § 726.102(4) (" 'Claim' means a right to

SE Property Holdings, LLC v. Neverve LLC

Court of Appeals for the Eleventh Circuit | Filed: Apr 11, 2023 | Docket: 65769688

Published

Argued: Nov 18, 2022

right is reduced to judgment.” Fla. Stat. § 726.102(4). USCA11 Case: 21-11736 Document: 40-1

MANE FL CORP v. CALE BECKMAN and MALGORZATA BECKMAN

District Court of Appeal of Florida | Filed: Jan 4, 2023 | Docket: 66698547

Published

person in control of the debtor.” § 726.102(8)(b)6., Fla. Stat. (2017). The statute’s use

Amir Isiah v. JPMorgan Chase Bank, N.A.

Court of Appeals for the Eleventh Circuit | Filed: Jun 1, 2020 | Docket: 17211781

Published

asset or an interest in an asset.” Fla. Stat. § 726.102(14). While the definition of transfer is broad

RREF SNV-FL SSL, LLC v. Shamrock Storage, LLC

250 So. 3d 788

District Court of Appeal of Florida | Filed: Jun 28, 2018 | Docket: 64684258

Published

statutorily defined-at the pertinent time. See § 726.102(4), Fla. Stat. (2013) (" 'Claim' means a right

William J. Kardash, Sr. v. Commissioner of IRS

866 F.3d 1249, 2017 WL 3326802, 120 A.F.T.R.2d (RIA) 2017, 2017 U.S. App. LEXIS 14389

Court of Appeals for the Eleventh Circuit | Filed: Aug 4, 2017 | Docket: 6133300

Published

transferee in a § 6901 proceeding. Id. at § 726,102(5), (10).. Stated another way, the existence

Furr v. TD Bank, N.A. (In re Rollaguard Security, LLC)

570 B.R. 859

United States Bankruptcy Court, S.D. Florida. | Filed: Jul 27, 2017 | Docket: 65789917

Published

or an interest in an asset .... ” Fla. Stat. § 726.102(14). Technically, when one makes a deposit with

Furr v. TD Bank, N.A. (In re Rollaguard Security, LLC)

570 B.R. 859

United States Bankruptcy Court, S.D. Florida. | Filed: Jul 27, 2017 | Docket: 65789917

Published

or an interest in an asset .... ” Fla. Stat. § 726.102(14). Technically, when one makes a deposit with

Jensen v. Anderson (In re Anderson)

561 B.R. 230

United States Bankruptcy Court, M.D. Florida | Filed: Oct 6, 2016 | Docket: 65789320

Published

constitute fraudulent transfers as contemplated by § 726.102(14),62 This does not mean that the Trustee cannot

Puleo v. Golan

201 So. 3d 37, 2014 WL 2756524, 2014 Fla. App. LEXIS 9219

District Court of Appeal of Florida | Filed: Jun 18, 2014 | Docket: 60257016

Published

an insider. [In the present case, and under section 726.102, “insider” includes Yali’s wife Leslie]. (b)

Wiand v. Dancing $, LLC

919 F. Supp. 2d 1296, 2013 WL 246731, 2013 U.S. Dist. LEXIS 8969

District Court, M.D. Florida | Filed: Jan 23, 2013 | Docket: 65988296

Published

Stat. § 726.102(12). An "asset” is defined as "property of the debtor” Fla. Stat. § 726.102(2). The

REPUBLIC CREDIT CORP. I v. Upshaw

10 So. 3d 1103, 2009 Fla. App. LEXIS 2475, 2009 WL 763546

District Court of Appeal of Florida | Filed: Mar 25, 2009 | Docket: 1642338

Published

subject to attachment by a judgment creditor. See § 726.102(2)(c), Fla. Stat. (2005) (defining *1105 an asset

Balsamo v. Gruppo Ceramiche Ricchetti, S.P.A.

862 So. 2d 812, 2003 Fla. App. LEXIS 18367, 2003 WL 22849984

District Court of Appeal of Florida | Filed: Dec 3, 2003 | Docket: 64827296

Published

sections 59.29 and 726.102, Florida Statutes. Section 726.102(12) defines “transfer” as, “[e]very mode, direct

Mansolillo v. Parties by Lynn, Inc.

753 So. 2d 637, 2000 Fla. App. LEXIS 2004, 2000 WL 227938

District Court of Appeal of Florida | Filed: Mar 1, 2000 | Docket: 64795931

Published

as a “creditor” under this subsection, see id. § 726.102(4); that, as an officer, director, and relative

Ming Properties, Inc. v. Stardust Marine S.A.

741 So. 2d 554, 1999 Fla. App. LEXIS 10098, 1999 WL 543278

District Court of Appeal of Florida | Filed: Jul 28, 1999 | Docket: 64791058

Published

it was not an asset within the meaning of section 726.102(2), Florida Statutes (1993), which excludes

Levine v. Weissing

134 F.3d 1046, 216 B.R. 1046, 1998 U.S. App. LEXIS 1677, 1998 WL 39164

Court of Appeals for the Eleventh Circuit | Filed: Feb 3, 1998 | Docket: 422470

Published

a lien or other encumbrance. Fla. Stat. § 726.102(12). Although the Florida legislature has never

Levine v. Weissing

Court of Appeals for the Eleventh Circuit | Filed: Feb 3, 1998 | Docket: 422471

Published

of a lien or other encumbrance. Fla. Stat. § 726.102(12). Although the Florida legislature has never

Kapila v. Beahm (In Re Beahm)

179 B.R. 329, 1995 U.S. Dist. LEXIS 2368, 1995 WL 86589

District Court, S.D. Florida | Filed: Feb 24, 1995 | Docket: 1500543

Published

to 11 U.S.C. § 101(54)[4] and Florida Statute § 726.102(12).[5] Trustee requests that this Court (1) reverse

Maplewood Farms, Inc. v. Baywood Manor Farms, Inc.

624 So. 2d 868, 1993 Fla. App. LEXIS 10313, 1993 WL 406603

District Court of Appeal of Florida | Filed: Oct 12, 1993 | Docket: 64743124

Published

the assignee attorney is not an insider. See § 726.102(7), Fla.Stat. (1991). The parties’ attention is