Florida Statutes

Fla. Stat. § 726.104 (2025)

Value.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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726.104 Value.—

(1) Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of the promisor’s business to furnish support to the debtor or another person.

(2) For the purposes of ss. 726.105(1)(b) and 726.106, a person gives a reasonably equivalent value if the person acquires an interest of the debtor in an asset pursuant to a regularly conducted, noncollusive foreclosure sale or execution of a power of sale for the acquisition or disposition of the interest of the debtor upon default under a mortgage, deed of trust, or security agreement.

(3) A transfer is made for present value if the exchange between the debtor and the transferee is intended by them to be contemporaneous and is in fact substantially contemporaneous.

History.—s. 4, ch. 87-79.

Notes of Decisions

Cited in 23 cases (5 in the last 5 years), 1993–2025 · leading case: Welch v. Regions Bank (In re Mongelluzzi), 591 B.R. 480 (2018).

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Welch v. Regions Bank (In re Mongelluzzi), 591 B.R. 480 (2018). “Fla. Stat. § 726.104 . 11 U.S.C. § 548 (d)(2)(A).”

Baxst v. Levenson (In Re Goldberg), 229 B.R. 877 (Bankr. S.D. Florida 1998). · cites it 5× “Section 726.104 defines "Value” as: (1) Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in…”

Wiand v. Waxenberg, 611 F. Supp. 2d 1299 (M.D. Fla. 2009). · cites it 2× “FUFTA provides that: [v]alue is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary…”

Langdale Capital Assets, Inc. v. Woodard (In re Berkman), 517 B.R. 288 (Bankr. M.D. Fla. 2014). · cites it 4× “But the satisfaction of those judgments constitutes value under Fla. Stat. § 726.104 (1) as a matter of law because legitimate, non-illusory antecedent debts were satisfied.”

Bakst v. United States (In re Kane & Kane), 479 B.R. 617 (Bankr. S.D. Florida 2012). · cites it 2× “§ 548 (d)(2)(A). Under Florida law, “[v]al-ue is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied.”

Welch v. Regions Bank (In re Mongelluzzi), 587 B.R. 392 (Bankr. M.D. Fla. 2018). · cites it 2× “7-1 and 8-1 of Choice Plus HRA & Buy Up Medical Plans. The lists of unsecured creditors prepared and filed by Ms.”

Yip v. Connedx Corp. (In re Gomez), 560 B.R. 866 (Bankr. S.D. Florida 2016). · cites it 4× “§ 548 (d)(2)(A); see also Fla. Stat. § 726.104 (1). The Stock had no value.”

Kapila v. Bennett (In re Pearlman), 472 B.R. 115 (Bankr. M.D. Fla. 2012). · cites it 2× “Fla. Stat. § 726.104 ; 11 U.S.C. § 548 (d)(2)(A).”

PSN Liquidating Trust v. Intelsat Corp. (In Re PSN USA, Inc.), 615 F. App'x 925 (11th Cir. 2015). “§ 548 (a)(2)(A); see Fla. Stat. § 726.104 . “The burden of proving lack of ‘reasonably equivalent value’ under [§ 548] rests on the trustee challenging the transfer.”

In Re Vilsack, 356 B.R. 546 (Bankr. S.D. Florida 2006). · cites it 2× “OTDC argues further that the transfer was intended to be, and was, a contemporaneous exchange for present value pursuant to Fla. Stat. § 726.104 (3). While the Court finds that the Letter Agreement does not violate Fla.”

Welch v. Synovus Bank, 517 B.R. 269 (M.D. Fla. 2014). · cites it 2× “Fla. Stat. § 726.104 (1). The Trustee does not allege any fact suggestive that satisfaction or credit was not extended by Synovus upon its receipt of Repayments and Deposits.”

Liberatore v. 21st Century Satellite Commc'ns, Inc. (In Re 21st Century Satellite Commc'ns, Inc.), 278 B.R. 577 (Bankr. M.D. Fla. 2002). “§ 726.104 , generally defines what value is, what is “reasonable equivalent value,” under the case law, should be based on the specific facts and circumstances relevant to the transaction.”

Show all 23 citing cases →

— 726.104(1) — 9 cases

Baxst v. Levenson (In Re Goldberg), 229 B.R. 877 (Bankr. S.D. Florida 1998). “Section 726.104 defines "Value” as: (1) Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in…”

Langdale Capital Assets, Inc. v. Woodard (In re Berkman), 517 B.R. 288 (Bankr. M.D. Fla. 2014). “But the satisfaction of those judgments constitutes value under Fla. Stat. § 726.104 (1) as a matter of law because legitimate, non-illusory antecedent debts were satisfied.”

Nat'l Mar. Servs., Inc. v. Straub, 979 F. Supp. 2d 1322 (S.D. Fla. 2013).

Manchec v. Manchec, 951 So. 2d 1026 (Fla. 4th DCA 2007).

Ming Props., Inc. v. Stardust Marine S.A., 741 So. 2d 554 (Fla. 3d DCA 1999).

— 726.104(3) — 1 case

Yip v. Connedx Corp. (In re Gomez), 560 B.R. 866 (Bankr. S.D. Florida 2016). “§ 548 (d)(2)(A); see also Fla. Stat. § 726.104 (1). The Stock had no value.”

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