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: Fla. Dist. Ct. App. | Date Filed: 2024-07-17T00:00:00-07:00

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

Snippet: actual intent to defraud in violation of section 726.105, Florida Statutes. Ultimately, the trial court… a complaint tracking the language of sections 726.105 and 726.106 sufficiently stated a claim of fraudulent

Christophe Grozdanovic v. Alliance RE Holdings, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2023-12-06T00:00:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 2023-05-03T00:53:00-07:00

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

Snippet: delay, or defraud any creditor of the debtor.” § 726.105(1)(a), Fla. Stat. (2017). Because establishing…the assets to an insider of the debtor. § 726.105(2)(a)-(k), Fla. Stat. (2017). “The language of …the UFTA, a transfer “is not voidable under s. 726.105(1)(a) against a person who took in good faith and

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

Court: Fla. Dist. Ct. App. | Date Filed: 2022-05-04T00:53:00-07:00

Snippet: action is brought: (1) Under s. 726.105(1)(a), within 4 years after the transfer… the claimant; (2) Under s. 726.105(1)(b) or s. 726.106(1), within 4 years… of action appears to be brought under section 726.105(1)(a) because it alleges the transfer was intentionally

APOLLO TRUST v. BNP PARIBAS JERSEY TRUST CORPORATION LIMITED

Court: Fla. Dist. Ct. App. | Date Filed: 2022-02-01T23:53:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 2021-12-07T23:53:00-08:00

Snippet: Strong’s creditors and was fraudulent under section 726.105, Florida Statutes (2016). As part of the suit, …elements of fraudulent conveyance under section 726.105(1)(a). The trial court determined that the transfer

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

Court: Fla. Dist. Ct. App. | Date Filed: 2021-11-30T23:53:00-08:00

Snippet: unless action is brought: (1) Under s. 726.105(1)(a), within 4 years after the transfer …discovered by the claimant; (2) Under s. 726.105(1)(b) or s. 726.106(1), within 4 years after

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

Court: Fla. Dist. Ct. App. | Date Filed: 2020-07-22T00:53:00-07:00

Lb Judgment Holdings v. Boschetti

Court: Fla. Dist. Ct. App. | Date Filed: 2019-03-13T00:53:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2019-01-30T00:00:00-08:00

Citation: 264 So. 3d 1049

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

Laptopplaza, Inc. v. Wells Fargo Bank, NA

Court: Fla. Dist. Ct. App. | Date Filed: 2019-01-30T00:00:00-08:00

Citation: 264 So. 3d 1049

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

Nieto Villamizar v. Luna Capital Partners

Court: Fla. Dist. Ct. App. | Date Filed: 2018-10-24T00:53:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2018-10-24T00:53:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2018-01-31T00:00:00-08:00

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…based on a presumption of fraud under section 726.105(1)(a) of the Fraudulent Transfer Act which provides…proving actual intent to defraud creditors, section 726.105(2) provides that fraudulent intent may be presumed…2d 45, 60 (Fla. 2001)). The language of section 726.105(2) provides as follows: In determining… a substantial debt was incurred. § 726.105(2). In its motion for summary judgment,

Agritrade Lp v. Quercia

Court: Fla. Dist. Ct. App. | Date Filed: 2017-11-29T00:00:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 2016-03-30T00:00:00-07:00

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…“fraudulent” as to creditors. See generally §§ 726.105-.108. The act identifies three categories of such…intent to hinder, delay, or defraud” creditors, § 726.105(l)(a); (2) certain types of transfers for which…value” in exchange for the . asset transferred, §§ 726.105(l)(b), .106(1); and (3) transfers to an insider…extinguished unless action is brought: ■ (1)Under .s. 726.105(l)(a) [actual fraudulent transfers], within 4 years

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

Court: Fla. Dist. Ct. App. | Date Filed: 2016-01-14T00:00:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 2015-10-26T00:00:00-07:00

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