Florida Statute 726.103 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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

Chapter 726
FRAUDULENT TRANSFERS

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F.S. 726.103

726.103 Insolvency.—

(1) A debtor is insolvent if the sum of the debtor’s debts is greater than all of the debtor’s assets at a fair valuation.

(2) A debtor who is generally not paying his or her debts as they become due is presumed to be insolvent.

(3) A partnership is insolvent under subsection (1) if the sum of the partnership’s debts is greater than the aggregate, at a fair valuation, of all of the partnership’s assets and the sum of the excess of the value of each general partner’s nonpartnership assets over the partner’s nonpartnership debts.

(4) Assets under this section do not include property that has been transferred, concealed, or removed with intent to hinder, delay, or defraud creditors or that has been transferred in a manner making the transfer voidable under ss. 726.101-726.112.

(5) Debts under this section do not include an obligation to the extent it is secured by a valid lien on property of the debtor not included as an asset.

History.—s. 3, ch. 87-79; s. 936, ch. 97-102.

F.S. 726.103 on Google Scholar

F.S. 726.103 on Casetext

Amendments to 726.103

Arrestable Offenses / Crimes under Fla. Stat. 726.103

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 726.103.

Annotations, Discussions, Cases:

Cases Citing Statute 726.103

Total Results: 9

Wurtzebach, Wurtzebach v. Flooring Depot FTL, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2024-02-21T00:00:00-08:00

Snippet: they become due is presumed to be insolvent.” § 726.103(2), Fla. Stat. (2016). Section 726.106(1) “

MANE FL CORP v. CALE BECKMAN and MALGORZATA BECKMAN

Court: Fla. Dist. Ct. App. | Date Filed: 2023-01-03T23:53:00-08:00

Snippet: of the debtor’s assets at a fair valuation.” § 726.103(1), Fla. Stat. (2017). The term “asset” does not…they become due is presumed to be insolvent.” § 726.103(2), Fla. Stat. (2017). Here, not long after

Manchec v. Manchec

Court: Fla. Dist. Ct. App. | Date Filed: 2007-03-28T00:00:00-07:00

Citation: 951 So. 2d 1026, 2007 Fla. App. LEXIS 4585, 2007 WL 911838

Snippet: 1029his debts were greater than his assets. See § 726.103(1), Fla. Stat. (2006). Also, because John was “…became due,” he was presumed to be insolvent. § 726.103(2), Fla. Stat. (2006). As to the second aspect

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

Court: Fla. Dist. Ct. App. | Date Filed: 2003-12-03T00:00:00-08:00

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

Snippet: .... ” Section 726.103 provides two relevant definitions of insolvency. Section 726.103(1) provides a …insolvency under section 726.103(2), thereby precluding summary judgment. Section 726.103(2) creates a rebuttable…entering summary judgment under sections 726.106 and 726.103, Florida Statutes. Here, the court found that non-payment…alone, triggered the insolvency presumption under 726.103(2) and that the presumption was never rebutted …rebut the presumption of insolvency under section 726.103(2). Section 726.106(1) provides that a transfer

Paragon Health Services, Inc. v. CENTRAL PALM BEACH COMMUNITY MENTAL HEALTH CENTER, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2003-11-12T00:00:00-08:00

Citation: 859 So. 2d 1233

Snippet: debtor's assets at a fair valuation." § 726.103(1), Fla. Stat. (2001). This is referred to as the…pay his or her debts as they become due. See § 726.103(2); First Fed. Sav. & Loan Ass'n of Galion…negate the presumption of insolvency of section 726.103(2). The deposition testimony also presents an issue…their assets exceeded their liabilities. See § 726.103(1). As there is a disputed issue of material fact

Levin v. Ethan Allen, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2002-04-17T00:00:00-07:00

Citation: 823 So. 2d 132

Snippet: section 726.103. This transfer could not, accordingly, have been fraudulent. Section 726.103, Fla. Stat…in section 726.103(2). With respect, it is they who misapprehend the statute. Section 726.103(1) lays down…section 726.103(1) which has been framed as a rule, the Legislature has given section 726.103(2) only … section 726.103(2) is not framed as an alternative to the insolvency rule in section 726.103(1), its …Georgetown was presumed insolvent under section 726.103(2), quoted above. The evidence was undisputed that

Gass v. Comreal Miami Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1995-04-12T00:00:00-07:00

Citation: 653 So. 2d 1069, 1995 Fla. App. LEXIS 3627, 1995 WL 170224

Snippet: section 726.105(1)(b), Florida Statutes. . Section 726.103, Florida Statutes (1993) defines insolvency as:

AMJAD MUNIM, MD, PA v. Azar

Court: Fla. Dist. Ct. App. | Date Filed: 1994-08-24T00:53:00-07:00

Citation: 648 So. 2d 145

Snippet: than his assets at a fair evaluation, section 726.103(1), Florida Statutes (1993), or a debtor is presumed…paying his debts as they become due, id. at section 726.103(2). As a creditor, Dr. Azar utilized the procedure

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

Court: Fla. Dist. Ct. App. | Date Filed: 1994-08-24T00:00:00-07:00

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