726.110
Extinguishment of cause of action.
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726.110 Extinguishment of cause of action.—A cause of action with respect to a fraudulent transfer or obligation under ss. 726.101-726.112 is extinguished unless action is brought:
(1) Under s. 726.105(1)(a), within 4 years after the transfer was made or the obligation was incurred or, if later, within 1 year after the transfer or obligation was or could reasonably have been discovered by the claimant;
(2) Under s. 726.105(1)(b) or s. 726.106(1), within 4 years after the transfer was made or the obligation was incurred; or
(3) Under s. 726.106(2), within 1 year after the transfer was made or the obligation was incurred.
History.—s. 10, ch. 87-79.
Notes of Decisions
Cited in 67
cases (18 in the last 5 years), 1989–2026 · leading case: National Auto Service Centers, Inc. v. F/R 550, LLC
National Auto Service Centers, Inc. v. F/R 550, LLC (2016)
“§ 726.110. Causes of action for actual fraudulent transfers are the only actions under FUFTA that have the benefit of a one-year savings clause based on the date “the transfer .”
Paragon Health Services, Inc. v. CENTRAL PALM BEACH COMMUNITY MENTAL HEALTH CENTER, INC. (2003)
“§ 726.110, Fla. Stat. (2001). While section 726.”
Woodard v. Stewart (In Re Stewart) (2001)
“” Fla. Stat. § 726.110 . In this case, Barbara Stewart contends that she learned of the transfers of the Debtor’s assets no earlier than December of 1993.”
IBT International, Inc. v. Northern (In Re International Administrative Services, Inc.) (2005)
“What Defendants fail to recognize is that the second clause of Fla. Stat. § 726.110 (1), provides an exception to the general limitations period, where the claimant could not reasonably have discovered the relevant transfers.”
Jones v. MTLC Investment, Ltd. (In Re Hill) (2005)
“The applicable limitation for fraudulent transfer actions is contained in Fla. Stat. § 726.110 . Real Estate Corp. of Florida v.”
Desak v. Vanlandingham (2012)
“We have found no Florida case holding that merely recording a deed that accomplishes a fraudulent transfer causes the § 726.110 limitations period to begin to run.”
Wiand v. Wells Fargo Bank, N.A. (2015)
“Fla. Stat. § 726.110 (1) (claims barred unless asserted within “4 years after the transfer was made or the obligation was incurred or, if later, within 1 year after the transfer or obligation was or could reasonably have been discovered by the claimant”).”
Forman v. Jeffrey Matthews Financial Group, LLC (In Re Halpert & Co.) (1999)
“25:2-31(a) or Fla. Stat. Ann. § 726.110 .” Trustee’s Brief, at 24.”
Soifer v. Bozarth (In re Lydia Cladek, Inc.) (2013)
“§ 546 (a) and Fla. Stat. § 726.110 , the “reach back” period for fraudulent transfers under § 544 and Florida law is generally four years prior to the petition date.”
Welch v. Regions Bank (In re Mongelluzzi) (2018)
“Fla. Stat. § 726.110 . 11 U.S.C. § 548 (a)(1).”
Mukamal v. Citibank N.A. (In re Kipnis) (2016)
“106 of the Florida Statutes, unless the claims are barred by the four year statute of limitations in Fla. Stat. § 726.110 (l)-(2). If the statute of limitations applies, the avoidance claims must be dismissed.”
Feltman v. Warmus (In Re American Way Service Corp.) (1999)
“See Fla.Stat.Ann. § 726.110(1) (four year limitation period); see also Govaert v.”
— 726.110(1) — 19 cases
National Auto Service Centers, Inc. v. F/R 550, LLC (2016)
“§ 726.110. Causes of action for actual fraudulent transfers are the only actions under FUFTA that have the benefit of a one-year savings clause based on the date “the transfer .”
Jones v. MTLC Investment, Ltd. (In Re Hill) (2005)
“The applicable limitation for fraudulent transfer actions is contained in Fla. Stat. § 726.110 . Real Estate Corp. of Florida v.”
Desak v. Vanlandingham (2012)
“We have found no Florida case holding that merely recording a deed that accomplishes a fraudulent transfer causes the § 726.110 limitations period to begin to run.”
Woodard v. Stewart (In Re Stewart) (2001)
“” Fla. Stat. § 726.110 . In this case, Barbara Stewart contends that she learned of the transfers of the Debtor’s assets no earlier than December of 1993.”
Paragon Health Services, Inc. v. CENTRAL PALM BEACH COMMUNITY MENTAL HEALTH CENTER, INC. (2003)
“§ 726.110, Fla. Stat. (2001). While section 726.”
— 726.110(2) — 4 cases
Paragon Health Services, Inc. v. CENTRAL PALM BEACH COMMUNITY MENTAL HEALTH CENTER, INC. (2003)
“§ 726.110, Fla. Stat. (2001). While section 726.”
Bedwell v. Rucks (2012)
— 726.110(3) — 3 cases
Paragon Health Services, Inc. v. CENTRAL PALM BEACH COMMUNITY MENTAL HEALTH CENTER, INC. (2003)
“§ 726.110, Fla. Stat. (2001). While section 726.”
Moran v. Schurger (2003)
Wesolek v. Wesolek (2020)
— 726.110(l) — 1 case
National Auto Service Centers, Inc. v. F/R 550, LLC (2016)
“§ 726.110. Causes of action for actual fraudulent transfers are the only actions under FUFTA that have the benefit of a one-year savings clause based on the date “the transfer .”
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