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Fla. Stat. § 726.103 (2025)

Insolvency.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 29 cases (5 in the last 5 years), 1993–2026 · leading case: Levin v. Ethan Allen, Inc., 823 So. 2d 132 (Fla. 4th DCA 2002).
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Levin v. Ethan Allen, Inc., 823 So. 2d 132 (Fla. 4th DCA 2002). · cites it 16× “The Levins also contend that at the time of the transfer Georgetown, having the larger judgment in its favor, was as a matter of law not insolvent as defined in section 726.103. This transfer could not, accordingly, have been fraudulent.”
Welch v. Regions Bank (In re Mongelluzzi), 587 B.R. 392 (Bankr. M.D. Fla. 2018). · cites it 6× “Fla. Stat. 726.103(1). Doc. No. 409, p. 3.”
Paragon Health Servs., Inc. v. Cent. Palm Beach Cmty. Mental Health Ctr., Inc., 859 So. 2d 1233 (Fla. 4th DCA 2003). · cites it 5× “However, as we stated in the beginning of our analysis, there was conflicting evidence in the record on the issue of insolvency. The Uniform Fraudulent Transfer Action defines insolvency as follows: "A *1237 debtor is insolvent if the sum of the debtor's debts is greater than…”
Off. Comm. of Unsecured Creditors of Sunbeam Corp. v. Morgan Stanley & Co. (In Re Sunbeam Corp.), 284 B.R. 355 (Bankr. S.D.N.Y. 2002). “Debtor & Creditor Law § 272 , 273; Fla. Stat. §§ 726.103 , 726.104, as containing analogous sections.”
Bakst v. United States (In re Kane & Kane), 479 B.R. 617 (Bankr. S.D. Florida 2012). · cites it 2× “Fla. Stat. § 726.103 . The Trustee submits the expert witness report of Mr.”
John Alterman Trust v. Comm'r, 2015 T.C. Memo. 231 (Tax Ct. 2015). · cites it 5× “103(2) , which provides that a "debtor who is generally not paying his or her debts as they become due is presumed to be insolvent.”
Global Technovations, Inc. v. Onkyo U.S.A. Corp. (In Re Global Technovations, Inc.), 431 B.R. 739 (Bankr. E.D. Mich. 2010). · cites it 2× “103, Florida Statutes, a debtor is insolvent if the sum of the debtor’s debts is greater than all of the *772 debtor’s assets at a fair valuation. This is commonly known as the balance sheet test for insolvency.”
Balsamo v. Gruppo Ceramiche Ricchetti, S.P.A., 862 So. 2d 812 (Fla. 4th DCA 2003). · cites it 6× “” Section 726.103 provides two relevant definitions of insolvency.”
In Re Paul, 217 B.R. 336 (S.D. Fla. 1997). · cites it 3× “) [5] Section 726.103 defines insider as a "[a] relative of the debtor.”
Amjad Munim, M.D., P.A. v. Azar, 648 So. 2d 145 (Fla. 4th DCA 1994). · cites it 3× “Any transfer made is constructively fraudulent pursuant to this subsection if the debtor made the transfer while insolvent and without receiving reasonably equivalent value in exchange for the transfer or obligation.”
Kardash v. Comm'r, 2015 T.C. Memo. 51 (Tax Ct. 2015). · cites it 2× “Insolvency For a company to be solvent, the fair value of its assets must equal or exceed the sum of its debts. Fla. Stat. Ann. sec.”
Solomon v. Fellmy (In Re Felsner), 289 F. App'x 879 (6th Cir. 2008). “2003) (citing Fla. Stat. § 726.103 (1)). Importantly in this case, the bankruptcy court never determined that Felsner was insolvent as a result of his transfer of the property to Middleton.”
Show all 29 citing cases →
— 726.103(1) — 11 cases
Paragon Health Servs., Inc. v. Cent. Palm Beach Cmty. Mental Health Ctr., Inc., 859 So. 2d 1233 (Fla. 4th DCA 2003). “However, as we stated in the beginning of our analysis, there was conflicting evidence in the record on the issue of insolvency. The Uniform Fraudulent Transfer Action defines insolvency as follows: "A *1237 debtor is insolvent if the sum of the debtor's debts is greater than…”
Welch v. Regions Bank (In re Mongelluzzi), 587 B.R. 392 (Bankr. M.D. Fla. 2018). “Fla. Stat. 726.103(1). Doc. No. 409, p. 3.”
Levin v. Ethan Allen, Inc., 823 So. 2d 132 (Fla. 4th DCA 2002). “The Levins also contend that at the time of the transfer Georgetown, having the larger judgment in its favor, was as a matter of law not insolvent as defined in section 726.103. This transfer could not, accordingly, have been fraudulent.”
Amjad Munim, M.D., P.A. v. Azar, 648 So. 2d 145 (Fla. 4th DCA 1994). “Any transfer made is constructively fraudulent pursuant to this subsection if the debtor made the transfer while insolvent and without receiving reasonably equivalent value in exchange for the transfer or obligation.”
In Re Paul, 217 B.R. 336 (S.D. Fla. 1997). “) [5] Section 726.103 defines insider as a "[a] relative of the debtor.”
— 726.103(2) — 9 cases
Levin v. Ethan Allen, Inc., 823 So. 2d 132 (Fla. 4th DCA 2002). “The Levins also contend that at the time of the transfer Georgetown, having the larger judgment in its favor, was as a matter of law not insolvent as defined in section 726.103. This transfer could not, accordingly, have been fraudulent.”
Welch v. Regions Bank (In re Mongelluzzi), 587 B.R. 392 (Bankr. M.D. Fla. 2018). “Fla. Stat. 726.103(1). Doc. No. 409, p. 3.”
Paragon Health Servs., Inc. v. Cent. Palm Beach Cmty. Mental Health Ctr., Inc., 859 So. 2d 1233 (Fla. 4th DCA 2003). “However, as we stated in the beginning of our analysis, there was conflicting evidence in the record on the issue of insolvency. The Uniform Fraudulent Transfer Action defines insolvency as follows: "A *1237 debtor is insolvent if the sum of the debtor's debts is greater than…”
Balsamo v. Gruppo Ceramiche Ricchetti, S.P.A., 862 So. 2d 812 (Fla. 4th DCA 2003). “” Section 726.103 provides two relevant definitions of insolvency.”
Amjad Munim, M.D., P.A. v. Azar, 648 So. 2d 145 (Fla. 4th DCA 1994). “Any transfer made is constructively fraudulent pursuant to this subsection if the debtor made the transfer while insolvent and without receiving reasonably equivalent value in exchange for the transfer or obligation.”
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