Florida Statute 726.105 | 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. 726.105

726.105 Transfers fraudulent as to present and future creditors.—

(1) A transfer made or obligation incurred by a debtor is fraudulent as to a creditor, whether the creditor’s claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation:

(a) With actual intent to hinder, delay, or defraud any creditor of the debtor; or

(b) Without receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor:

1. Was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction; or

2. Intended to incur, or believed or reasonably should have believed that he or she would incur, debts beyond his or her ability to pay as they became due.

(2) In determining actual intent under paragraph (1)(a), consideration may be given, among other factors, to whether:

(a) The transfer or obligation was to an insider.

(b) The debtor retained possession or control of the property transferred after the transfer.

(d) Before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit.

(e) The transfer was of substantially all the debtor’s assets.

(f) The debtor absconded.

(g) The debtor removed or concealed assets.

(h) The value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred.

(i) The debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred.

(j) The transfer occurred shortly before or shortly after a substantial debt was incurred.

(k) The debtor transferred the essential assets of the business to a lienor who transferred the assets to an insider of the debtor.

History.—s. 5, ch. 87-79; s. 937, ch. 97-102.

F.S. 726.105 on Google Scholar

F.S. 726.105 on Casetext

Amendments to 726.105

Arrestable Offenses / Crimes under Fla. Stat. 726.105

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 726.105.

Annotations, Discussions, Cases:

Cases Citing Statute 726.105

Total Results: 20

Lisandra Soto Gutierrez v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-07-17

Snippet: the theft offenses charged by the State. See § 726.105(1)(a), Fla. Stat. (2015). A debtor commits a fraudulent

Wurtzebach, Wurtzebach v. Flooring Depot FTL, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2024-02-21

Snippet: actual intent to defraud in violation of section 726.105, Florida Statutes. Ultimately, the trial court

Christophe Grozdanovic v. Alliance RE Holdings, LLC

Court: District Court of Appeal of Florida | Date Filed: 2023-12-06

Snippet: summary judgment on Alliance’s claim under § 726.105(1) “because there are genuine issues of material

SARA ROSENBERG, etc. v. U.S. BANK, N.A.

Court: District Court of Appeal of Florida | Date Filed: 2023-05-03

Snippet: generally Chapter 87-79, Laws of Florida; §§ 726.102, 726.105, Fla Stat.; Friedman v. Heart Inst. of Port St

MANE FL CORP v. CALE BECKMAN and MALGORZATA BECKMAN

Court: District Court of Appeal of Florida | Date Filed: 2023-01-04

Snippet: delay, or defraud any creditor of the debtor.” § 726.105(1)(a), Fla. Stat. (2017). Because establishing

ADA TURKISH TRASK 2005 TRUST NUMBER ONE, etc. v. ELLEN TURKISH

Court: District Court of Appeal of Florida | Date Filed: 2022-05-04

Snippet: action is brought: (1) Under s. 726.105(1)(a), within 4 years after the transfer

APOLLO TRUST v. BNP PARIBAS JERSEY TRUST CORPORATION LIMITED

Court: District Court of Appeal of Florida | Date Filed: 2022-02-02

Snippet: in accordance with sections 726.105(1) and (2), Florida Statutes. §§726.105(1)-(2), Fla. Stat. If the transfer

RICHARD CLEVELAND v. WESTPORT RECOVERY CORPORATION

Court: District Court of Appeal of Florida | Date Filed: 2021-12-08

Snippet: Strong’s creditors and was fraudulent under section 726.105, Florida Statutes (2016). As part of the suit,

JOHN G. MCGREGOR v. FOWLER WHITE BURNETT, P.A.

Court: District Court of Appeal of Florida | Date Filed: 2021-12-01

Snippet: unless action is brought: (1) Under s. 726.105(1)(a), within 4 years after the transfer

UOWEIT, LLC v. THOMAS W. FLEMING, ROBIN FLEMING and CARLTON FIELDS JORDEN BURT, P.A.

Court: District Court of Appeal of Florida | Date Filed: 2020-07-22

Snippet: unless action is brought: (1) Under s. 726.105(1)(a), within 4 years after the transfer

Lb Judgment Holdings v. Boschetti

Court: District Court of Appeal of Florida | Date Filed: 2019-03-13

Citation: 271 So. 3d 115

Snippet: judgment, subject to avoidance under sections 726.105 and 726.106, Florida Statutes (2017).5 These statutes

Laptopplaza, Inc. v. Wells Fargo Bank, NA

Court: District Court of Appeal of Florida | Date Filed: 2019-01-30

Citation: 264 So. 3d 1049

Snippet: (including Wells Fargo) in violation of sections 726.105 and 726.106 of Florida's Uniform Fraudulent Transfer

Laptopplaza, Inc. v. Wells Fargo Bank, NA

Court: District Court of Appeal of Florida | Date Filed: 2019-01-30

Citation: 264 So. 3d 1049

Snippet: (including Wells Fargo) in violation of sections 726.105 and 726.106 of Florida's Uniform Fraudulent Transfer

Nieto Villamizar v. Luna Capital Partners

Court: District Court of Appeal of Florida | Date Filed: 2018-10-24

Snippet: complaint alleged fraudulent transfers under sections 726.105(1) and 726.106, quoting this Court’s opinion in

Nieto Villamizar v. Luna Capital Partners

Court: District Court of Appeal of Florida | Date Filed: 2018-10-24

Citation: 260 So. 3d 355

Snippet: complaint alleged fraudulent transfers under sections 726.105(1) and 726.106, quoting this Court’s opinion in

Gorrin Jr. v. Poker Run Acquisitions, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2018-01-31

Citation: 237 So. 3d 1149

Snippet: fraudulent by operation of sections 56.29(6)(a)3 and 726.105(1)(a), (2), Florida Statutes (2015). In

Agritrade Lp v. Quercia

Court: District Court of Appeal of Florida | Date Filed: 2017-11-29

Citation: 253 So. 3d 28

Snippet: Uniform Fraudulent Transfer Act (section 726.105(1), Florida Statutes), by Quercia and Agro against

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

Court: District Court of Appeal of Florida | Date Filed: 2016-03-30

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

Snippet: Fraudulent Transfer Act (Uniform Act). See §§ 726.105(l)(a),' .108(l)(a), Fla. Stat. (2013). F/R alleged

Gary McCalla and Dianne McCalla v. E. C. Kenyon Construction Company, etc.

Court: District Court of Appeal of Florida | Date Filed: 2016-01-14

Citation: 183 So. 3d 1192

Snippet: fraudulent transfers within the meaning of sections 726.105(1) and 726.106, Florida Statutes, which rendered

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

Court: District Court of Appeal of Florida | Date Filed: 2015-10-26

Citation: 178 So. 3d 90, 2015 Fla. App. LEXIS 15909, 2015 WL 6446074

Snippet: e.g., Mejia, 985 So.2d at 1112-13 (applying § 726.105 in evaluating a fraudulent transfer claim); Mansolillo