Florida Statutes
Fla. Stat. § 726.108 (2025)
Remedies of creditors.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
726.108 Remedies of creditors.—
(1) In an action for relief against a transfer or obligation under ss. 726.101-726.112, a creditor, subject to the limitations in s. 726.109 may obtain:
(a) Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor’s claim;
(b) An attachment or other provisional remedy against the asset transferred or other property of the transferee in accordance with applicable law;
(c) Subject to applicable principles of equity and in accordance with applicable rules of civil procedure:
1. An injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property;
2. Appointment of a receiver to take charge of the asset transferred or of other property of the transferee; or
3. Any other relief the circumstances may require.
(2) If a creditor has obtained a judgment on a claim against the debtor, the creditor, if the court so orders, may levy execution on the asset transferred or its proceeds.
Notes of Decisions
Cited in 79
cases (17 in the last 5 years), 1989–2025 · leading case: Friedman v. Heart Inst. of Port St. Lucie, Inc., 863 So. 2d 189 (Fla. 2003).
Friedman v. Heart Inst. of Port St. Lucie, Inc., 863 So. 2d 189 (Fla. 2003). “In section 726.108 the Act authorizes the court to grant a creditor broad relief against the transferee of a fraudulent transfer, including an injunction against further disposition of the asset or the appointment of a receiver to take charge of the asset.”
Freeman v. First Union Nat. Bank, 865 So. 2d 1272 (Fla. 2004). “Specifically, § 726.108(1) permits creditors to: (1) avoid a fraudulent transfer made to a transferee; (2) request that a court attach assets transferred to a transferee; (3) obtain an injunction that enjoins the disposition of assets by a transferee; and, (4) request that a…”
Gary McCalla & Dianne McCalla v. E. C. Kenyon Constr. Co., etc., 183 So. 3d 1192 (Fla. 1st DCA 2016). “In the order under review, the trial court concluded the McCallas were “not proper claimants” under section 726.108, Florida Statutes, “because such statutory provision does not provide for an award, of money damages.”
Edwards v. Airline Support Grp., Inc., 138 So. 3d 1209 (Fla. 4th DCA 2014). “The Uniform Fraudulent Transfers Act Pursuant to section 726.108, Florida Statutes (2013), ASG brought an action for avoidance of a fraudulent transfer against Edwards.”
Beal Bank, SSB v. Almand & Assocs., 780 So. 2d 45 (Fla. 2001). “See also § 726.108, Fla. Stat. (2000) (providing remedies for fraudulent transfers).”
SE Prop. Holdings, LLC v. Neverve LLC, 65 F.4th 1335 (11th Cir. 2023). “USCA11 Case: 21-11736 Document: 40-1 Date Filed: 04/11/2023 Page: 3 of 30 21-11736 Opinion of the Court 3 court granted summary judgment in favor of Neverve, finding that FUFTA’s “catch-all” provision, see Fla. Stat. § 726.108 (1)(c)3., did not allow for (1) an award of money…”
HANSARD CONST. v. Rite Aid of Florida, Inc., 783 So. 2d 307 (Fla. 4th DCA 2001). “[1] As such, we find that appellants sought a traditional legal remedy under section 726.108 and were entitled to a jury trial.”
Off. Comm. of Unsecured Creditors of Toy King Distributors, Inc. v. Liberty Sav. Bank, FSB (In Re Toy King Distributors, Inc.), 256 B.R. 1 (Bankr. M.D. Fla. 2000). “Section 726.108, Florida Statutes, provides, in pertinent part, that: (1) In an action for relief against a transfer or obligation under ss.”
Ameritrust Nat'l Bank v. Davidson (In Re Davidson), 178 B.R. 544 (S.D. Fla. 1995). “105 and § 726.108. 2. Bankruptcy Court’s Order Denying Motion for Rehearing and/or to Alter or Amend the Judgment, dated March 9, 1994, is hereby AFFIRMED in its entirety.”
Gen. Elec. Co. v. Chuly Int'l, LLC, 118 So. 3d 325 (Fla. 3d DCA 2013). “A fraudulent conveyance action, under section 726.108, is not an action against a debtor for failure to pay an amount owing from a prior judgment.”
Nat'l Auto Serv. Centers, Inc. v. F/R 550, LLC, 192 So. 3d 498 (Fla. 2d DCA 2016). “Auto Properties was actually fraudulent as to its creditors, and F/R’s claim sought both to void those assignments and to obtain monetary relief pursuant to section 726.108 in an amount representing the fair market value of the notes at the time they were assigned.”
Cathy Jackson-Platts v. Gen. Elec. Capital Corp., 727 F.3d 1127 (11th Cir. 2013). “See Fla. Stat. § 726.108 (reciting remedies available under the UFTA, including avoidance of transfer, attachment against transferred assets, and an injunction against further transfers); Invo Fla.”
— 726.108(1) — 9 cases
Freeman v. First Union Nat. Bank, 865 So. 2d 1272 (Fla. 2004). “Specifically, § 726.108(1) permits creditors to: (1) avoid a fraudulent transfer made to a transferee; (2) request that a court attach assets transferred to a transferee; (3) obtain an injunction that enjoins the disposition of assets by a transferee; and, (4) request that a…”
Yusem v. So. Fla. Water Mgmt. Dist., 770 So. 2d 746 (Fla. 4th DCA 2000).
Ameritrust Nat'l Bank v. Davidson (In Re Davidson), 178 B.R. 544 (S.D. Fla. 1995). “105 and § 726.108. 2. Bankruptcy Court’s Order Denying Motion for Rehearing and/or to Alter or Amend the Judgment, dated March 9, 1994, is hereby AFFIRMED in its entirety.”
Smith v. Effective Teleservices, Inc., 133 So. 3d 1048 (Fla. 4th DCA 2014).
APR Energy, LLC v. First Inv. Grp. Corp., 88 F. Supp. 3d 1300 (M.D. Fla. 2015).
— 726.108(1)(a) — 4 cases
Bakst v. United States (In re Kane & Kane), 475 B.R. 251 (Bankr. S.D. Florida 2012).
Richard Cleveland v. Westport Recovery Corp. (Fla. 5th DCA 2021).
Wiand v. Adamek (M.D. Fla. 2023).
Recovery Agents, LLC v. Est. of Peter Tutko, Tutko (Fla. 2d DCA 2025).
— 726.108(1)(b) — 2 cases
Friedman v. Heart Inst. of Port St. Lucie, Inc., 863 So. 2d 189 (Fla. 2003). “In section 726.108 the Act authorizes the court to grant a creditor broad relief against the transferee of a fraudulent transfer, including an injunction against further disposition of the asset or the appointment of a receiver to take charge of the asset.”
Freeman v. First Union Nat. Bank, 865 So. 2d 1272 (Fla. 2004). “Specifically, § 726.108(1) permits creditors to: (1) avoid a fraudulent transfer made to a transferee; (2) request that a court attach assets transferred to a transferee; (3) obtain an injunction that enjoins the disposition of assets by a transferee; and, (4) request that a…”
— 726.108(1)(c) — 5 cases
Freeman v. First Union Nat. Bank, 865 So. 2d 1272 (Fla. 2004). “Specifically, § 726.108(1) permits creditors to: (1) avoid a fraudulent transfer made to a transferee; (2) request that a court attach assets transferred to a transferee; (3) obtain an injunction that enjoins the disposition of assets by a transferee; and, (4) request that a…”
Fox v. City of Pompano Beach, 984 So. 2d 664 (Fla. 4th DCA 2008).
BankFirst v. UBS Paine Webber, Inc., 842 So. 2d 155 (Fla. 5th DCA 2003).
381651 Alberta, Ltd. v. 279298 ALBERTA, 675 So. 2d 1385 (Fla. 4th DCA 1996).
Berto & Batista v. Meridian Trust Co., 221 So. 3d 757 (Fla. 3d DCA 2017).
— 726.108(1)(c)(3) — 1 case
HANSARD CONST. v. Rite Aid of Florida, Inc., 783 So. 2d 307 (Fla. 4th DCA 2001). “[1] As such, we find that appellants sought a traditional legal remedy under section 726.108 and were entitled to a jury trial.”
— 726.108(2) — 1 case
Jacob (M.D. Fla. 2025).
— 726.108(a)(1) — 1 case
Cameron v. Lifsey (In re Carpets, Inc.), 522 B.R. 718 (Bankr. M.D. Fla. 2014).
— 726.108(c) — 2 cases
APR Energy, LLC v. First Inv. Grp. Corp., 88 F. Supp. 3d 1300 (M.D. Fla. 2015).
APR Energy, LLC v. First Inv. Grp. Corp., 51 F. Supp. 3d 1227 (M.D. Fla. 2014).
— 726.108(l)(a) — 8 cases
Off. Comm. of Unsecured Creditors of Toy King Distributors, Inc. v. Liberty Sav. Bank, FSB (In Re Toy King Distributors, Inc.), 256 B.R. 1 (Bankr. M.D. Fla. 2000). “Section 726.108, Florida Statutes, provides, in pertinent part, that: (1) In an action for relief against a transfer or obligation under ss.”
Advest, Inc. v. Rader, 743 F. Supp. 851 (S.D. Fla. 1990).
United States v. Romano, 757 F. Supp. 1331 (M.D. Fla. 1989).
Veigle v. United States, 888 F. Supp. 1134 (M.D. Fla. 1995).
Cameron v. Lifsey (In re Carpets, Inc.), 522 B.R. 718 (Bankr. M.D. Fla. 2014).
— 726.108(l)(b) — 2 cases
Gen. Elec. Co. v. Chuly Int'l, LLC, 118 So. 3d 325 (Fla. 3d DCA 2013). “A fraudulent conveyance action, under section 726.108, is not an action against a debtor for failure to pay an amount owing from a prior judgment.”
Newman v. William L. Gunlicks Irrevocable Trust, 897 F. Supp. 2d 1270 (M.D. Fla. 2012).
— 726.108(l)(c) — 1 case
Myers v. Brook, 708 So. 2d 607 (Fla. 2d DCA 1998).
— 726.108(l)(c)(3) — 1 case
Gary McCalla & Dianne McCalla v. E. C. Kenyon Constr. Co., etc., 183 So. 3d 1192 (Fla. 1st DCA 2016). “In the order under review, the trial court concluded the McCallas were “not proper claimants” under section 726.108, Florida Statutes, “because such statutory provision does not provide for an award, of money damages.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.