The 2023 Florida Statutes (including Special Session C)

Title XLI
STATUTE OF FRAUDS, FRAUDULENT TRANSFERS, AND GENERAL ASSIGNMENTS

Chapter 726
FRAUDULENT TRANSFERS

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F.S. 726.107

726.107 When transfer made or obligation incurred.—For the purposes of ss. 726.101-726.112:

(1) A transfer is made:

(a) With respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, when the transfer is so far perfected that a good faith purchaser of the asset from the debtor against whom applicable law permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the interest of the transferee.

(b) With respect to an asset that is not real property or that is a fixture, when the transfer is so far perfected that a creditor on a simple contract cannot acquire a judicial lien otherwise than under ss. 726.101-726.112 that is superior to the interest of the transferee.

(2) If applicable law permits the transfer to be perfected as provided in subsection (1) and the transfer is not so perfected before the commencement of an action for relief under ss. 726.101-726.112, the transfer is deemed made immediately before the commencement of the action.

(3) If applicable law does not permit the transfer to be perfected as provided in subsection (1), the transfer is made when it becomes effective between the debtor and the transferee.

(4) A transfer is not made until the debtor has acquired rights in the asset transferred.

(5) An obligation is incurred:

(a) If oral, when it becomes effective between the parties; or

(b) If evidenced by a writing, when the writing executed by the obligor is delivered to or for the benefit of the obligee.

History.—s. 7, ch. 87-79; s. 28, ch. 91-110.

F.S. 726.107 on Google Scholar

F.S. 726.107 on Casetext

Amendments to 726.107

Arrestable Offenses / Crimes under Fla. Stat. 726.107

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 726.107.

Annotations, Discussions, Cases:

Cases from cite.case.law:

In H. LANKRY, K. v., 263 B.R. 638 (Bankr. M.D. Fla. 2001)

. . . A transfer cannot occur under § 726.107 until a transferor has acquired rights in any assets transferred . . . See Fla.Stat. § 726.107(4) (2001). A. . . .

SASHA SASHA, INC. v. STARDUST MARINE, S. A. U. S. A. a U. S. A. a, 741 So. 2d 558 (Fla. Dist. Ct. App. 1999)

. . . Stardust points to section 726.107(l)(a), Florida Statutes (1995), which provides that for the purposes . . . Stardust overlooks section 726.107(2) which provides: [i]f applicable law permits the transfer to be . . .

In MIZRAHI a k a C. P. A. L. KIESTER, v. MIZRAHI, a k a C. P. A. L. KIESTER, v. MIZRAHI Co- S., 179 B.R. 322 (Bankr. M.D. Fla. 1995)

. . . . § 726.107(1) provides that for the purposes of the Uniform Fraudulent Transfer Act, a transfer of real . . .