Florida Statute 726.103 - Full Text and Legal Analysis

The 2025 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.

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Amendments to 726.103

Annotations, Discussions, Cases:

Cases Citing Statute 726.103

Total Results: 16

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

greater than his assets at a fair evaluation, section 726.103(1), Florida Statutes (1993), or a debtor is

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

859 So. 2d 1233, 2003 WL 22658104

District Court of Appeal of Florida | Filed: Nov 12, 2003 | Docket: 2561411

Cited 8 times | Published

of the debtor's assets at a fair valuation." § 726.103(1), Fla. Stat. (2001). This is referred to as

In Re Paul

217 B.R. 336, 1997 WL 834169

District Court, S.D. Florida | Filed: Aug 26, 1997 | Docket: 1745668

Cited 8 times | Published

divorced around March 1996. (Tr. at 12.) [5] Section 726.103 defines insider as a "[a] relative of the debtor

Bakst v. United States (In re Kane & Kane)

479 B.R. 617, 2012 Bankr. LEXIS 3223

United States Bankruptcy Court, S.D. Florida. | Filed: Jul 16, 2012 | Docket: 65784363

Cited 7 times | Published

the debtor not included as an asset. Fla. Stat. § 726.103. The Trustee submits the expert witness report

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

greatly in conflict. Based upon Florida Statute § 726.103, the Debtors were insolvent from August 1990,

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

greater than his assets at a fair evaluation, section 726.103(1), Florida Statutes (1993), or a debtor is

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

affirmative defense. *409C. Insolvency Under § 726.103(2), a debtor is presumed to be insolvent when

Daddy's Money of Clearwater, Inc. v. Winick (In Re Daddy's Money of Clearwater, Inc.)

155 B.R. 788, 7 Fla. L. Weekly Fed. B 1174, 1993 Bankr. LEXIS 1015, 24 Bankr. Ct. Dec. (CRR) 695, 1993 WL 260734

United States Bankruptcy Court, M.D. Florida | Filed: Jun 25, 1993 | Docket: 1096271

Cited 2 times | Published

the same factual allegations, but is based upon § 726.103 of the Florida Statutes. Winick argues that the

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

defined in section 726.103. This transfer could not, accordingly, have been fraudulent. Section 726.103, Fla

Wurtzebach, Wurtzebach v. Flooring Depot FTL, Inc.

District Court of Appeal of Florida | Filed: Feb 21, 2024 | Docket: 68268126

Published

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

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

Published

of the debtor’s assets at a fair valuation.” § 726.103(1), Fla. Stat. (2017). The term “asset” does not

Kapila v. Warburg Pincus, LLC (In re Universal Health Care Group, Inc.)

560 B.R. 594

United States Bankruptcy Court, M.D. Florida | Filed: May 9, 2016 | Docket: 65789285

Published

. Id. . . 11 U.S.C. § -101(32); Fla. Stat. § 726.103(1); Lawson v. Ford Motor Co. (In re Roblin Indus

Manchec v. Manchec

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

District Court of Appeal of Florida | Filed: Mar 28, 2007 | Docket: 64849771

Published

*1029his debts were greater than his assets. See § 726.103(1), Fla. Stat. (2006). Also, because John was

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

rebut the presumption of insolvency under section 726.103(2). Section 726.106(1) provides that a transfer

Kapila v. Plave

217 B.R. 336, 1997 U.S. Dist. LEXIS 21749

District Court, S.D. Florida | Filed: Aug 26, 1997 | Docket: 65515880

Published

divorced around March 1996. (Tr. at 12.) . Section 726.103 defines insider as a "[a] relative of the debtor

Gass v. Comreal Miami Inc.

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

District Court of Appeal of Florida | Filed: Apr 12, 1995 | Docket: 64755779

Published

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