CopyCited 227 times | Published | Court of Appeals for the Eleventh Circuit | 36 Collier Bankr. Cas. 2d 1270, 78 A.F.T.R.2d (RIA) 6250, 1996 U.S. App. LEXIS 22209
“corporation or partnership,” § 101(18)(B). Section 101(31) gives a separate definition for "insider”
CopyCited 54 times | Published | United States Bankruptcy Court, M.D. Florida | 14 Fla. L. Weekly Fed. B 23, 43 U.C.C. Rep. Serv. 2d (West) 23, 2000 Bankr. LEXIS 1352, 2000 WL 1716185
case of a corporation such as the debtor here, Section 101(31) of the Bankruptcy Code defines "insider,"
CopyCited 26 times | Published | United States Bankruptcy Court, S.D. Florida. | 1991 Bankr. LEXIS 252
Inc.,
91 B.R. 288 (Bankr.D.N.J.1988); 11 U.S.C. § 101(31). Fair value of a debtor's assets is determined
CopyCited 21 times | Published | Court of Appeals for the Eleventh Circuit | 71 Collier Bankr. Cas. 2d 1459, 2014 U.S. App. LEXIS 12040, 59 Bankr. Ct. Dec. (CRR) 193, 2014 WL 2884603
under the Bankruptcy Code is defined at 11 U.S.C. § 101(31). Where, as here, the debtor is an individual
CopyCited 18 times | Published | United States Bankruptcy Court, S.D. Florida. | 9 Fla. L. Weekly Fed. B 67, 1995 Bankr. LEXIS 990
"includes" a relative of the debtor. 11 U.S.C. § 101(31)(A)(i). This Court acknowledges that a restrictive
CopyCited 18 times | Published | Court of Appeals for the Eleventh Circuit | 2005 U.S. App. LEXIS 2518, 44 Bankr. Ct. Dec. (CRR) 71, 2005 WL 315618
times relevant to this proceeding under 11 U.S.C. § 101(31)(B)(i)-(iii). 2 Among other claims
CopyCited 16 times | Published | Court of Appeals for the Eleventh Circuit | 13 Collier Bankr. Cas. 2d 1053, 1985 U.S. App. LEXIS 23371
redemption; (emphasis added). See also § 101(31).
CopyCited 15 times | Published | United States Bankruptcy Court, S.D. Florida. | 20 Fla. L. Weekly Fed. B 267, 2007 Bankr. LEXIS 296
Discount Water are insiders of the Debtor. 11 U.S.C. § 101(31). A fiduciary relationship exists when one party
CopyCited 14 times | Published | United States Bankruptcy Court, S.D. Florida. | 1992 Bankr. LEXIS 1631, 23 Bankr. Ct. Dec. (CRR) 922
capacity of an insider as that term is defined in § 101(31) of the Bankruptcy Code. 11 U.S.C. 101(31). The
CopyCited 13 times | Published | United States Bankruptcy Court, M.D. Florida | 1990 Bankr. LEXIS 2021, 20 Bankr. Ct. Dec. (CRR) 1702, 1990 WL 138990
property on the date of the transfer. See 11 U.S.C. § 101(31) (1978). 5. The transfer was made within 90 days
CopyCited 11 times | Published | United States Bankruptcy Court, M.D. Florida | 9 Fla. L. Weekly Fed. B 305, 1995 Bankr. LEXIS 1918, 1995 WL 787957
within the definition of that term set forth in § 101(31)(B) of the Code. The determination or resolution
CopyCited 10 times | Published | United States Bankruptcy Court, S.D. Florida. | 1991 Bankr. LEXIS 1087
definition of insolvency is contained within 11 U.S.C. § 101(31) to mean a financial condition such that the sum
CopyCited 10 times | Published | United States Bankruptcy Court, N.D. Florida | 1995 WL 55284
individuals that can be considered insiders. Section 101(31) states that "insider" includes (A) if the
CopyCited 10 times | Published | United States Bankruptcy Court, S.D. Florida. | 1993 Bankr. LEXIS 1348
within one year of the petition date. 11 U.S.C. § 101(31)(B)(i) & (ii) (1988); Levit v. Ingersoll Rand
CopyCited 9 times | Published | United States Bankruptcy Court, M.D. Florida | 1989 Bankr. LEXIS 1926, 1989 WL 133786
In proving the element of insolvency, 11 U.S.C. § 101(31) defines insolvent to mean "financial condition
CopyCited 9 times | Published | United States Bankruptcy Court, M.D. Florida | 1989 Bankr. LEXIS 2073, 1989 WL 147155
his burden. "Insolvent" is defined in 11 U.S.C. § 101(31), ". . . with reference to an entity other than
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 2007 WL 3170111
...Specifically, sections
101.001 and
101.002 confer upon the local boards of county commissioners the responsibility for creating and changing voting precincts. Section
101.043 describes the types of identification that voters must present at the polls to obtain a ballot. Section
101.031(2) sets forth what documents must be posted at polling places....
CopyCited 8 times | Published | United States Bankruptcy Court, S.D. Florida.
"The term `insider' includes. . . ." 11 U.S.C. § 101(31). "`Includes' and `including' are not limiting
CopyCited 8 times | Published | United States Bankruptcy Court, S.D. Florida. | 1991 Bankr. LEXIS 27
94 and property totaling $24,379,181.44 Under § 101(31) of the Bankruptcy Code, "insolvent means with
CopyCited 8 times | Published | United States Bankruptcy Court, S.D. Florida.
"insolvent" as said term is defined in 11 U.S.C. § 101(31). Because this finding is both factual and legal
CopyCited 7 times | Published | United States Bankruptcy Court, S.D. Florida. | 1988 Bankr. LEXIS 2518
time of the transfer as defined under 11 U.S.C. § 101(31). In summary, this Court finds that the $20,500
CopyCited 6 times | Published | United States Bankruptcy Court, M.D. Florida | 1989 Bankr. LEXIS 682, 1989 WL 49163
while the debtor was insolvent. Pursuant to section 101(31)(A), "insolvent" means: financial conditions
CopyCited 5 times | Published | United States Bankruptcy Court, S.D. Florida. | 37 U.C.C. Rep. Serv. 2d (West) 741, 12 Fla. L. Weekly Fed. B 35, 1998 Bankr. LEXIS 1541
AMEX is an insider of the Debtor under 11 U.S.C. § 101(31)(B)(iii), the burden of proof shifted to the Defendants
CopyCited 5 times | Published | District Court, M.D. Florida | 44 Collier Bankr. Cas. 2d 1496, 2000 U.S. Dist. LEXIS 12850, 2000 WL 1262566
were insiders for a corporate debtor. Under Section 101(31)(B) of the Bankruptcy Code, an insider for
CopyCited 5 times | Published | United States Bankruptcy Court, N.D. Florida | 1991 Bankr. LEXIS 803, 1991 WL 102549
entity's property, at a fair valuation. 11 U.S.C. § 101(31)(A). In Defendants answer to interrogatories he
CopyCited 5 times | Published | United States Bankruptcy Court, S.D. Florida. | 7 U.C.C. Rep. Serv. 2d (West) 1513, 1988 Bankr. LEXIS 1425
"balance sheet" method as defined in 11 U.S.C. § 101(31). The only issue before the Court is what definition
CopyCited 4 times | Published | United States Bankruptcy Court, M.D. Florida | 8 Fla. L. Weekly Fed. B 277, 25 U.C.C. Rep. Serv. 2d (West) 966, 1994 Bankr. LEXIS 2066, 1994 WL 738999
within the meaning of that term as defined in § 101(31). It is uniformly recognized that transactions
CopyCited 4 times | Published | United States Bankruptcy Court, M.D. Florida | 6 Fla. L. Weekly Fed. B 39, 1992 Bankr. LEXIS 461, 1992 WL 52123
. an insider." An "insider" is defined by Section 101(31)(E) of the Bankruptcy Code as an "affiliate
CopyCited 4 times | Published | United States Bankruptcy Court, N.D. Florida | 2016 Bankr. LEXIS 773
contingent at the time of the petitions. Insiders Section 101(31) defines “insider” to include: (A) If the debtor
CopyCited 4 times | Published | United States Bankruptcy Court, M.D. Florida | 12 Fla. L. Weekly Fed. B 305, 1999 Bankr. LEXIS 924, 1999 WL 566815
exceeding the "fair valuation" of assets. 11 U.S.C. § 101(31). In a partnership case, the issue of insolvency
CopyCited 4 times | Published | United States Bankruptcy Court, M.D. Florida | 6 Fla. L. Weekly Fed. B 169, 1992 Bankr. LEXIS 1186, 1992 WL 166062
within the meaning of that term as defined by § 101(31) of the Bankruptcy Code. This is because the transfer
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2006 WL 3041924
...y stated notice of fact may be provided to the voters to ensure an informed electorate. We also determine that there is no statute that prohibits such limited explanatory material as long as it meets the impartiality requirements set out in sections
101.031(4) and
102.031(4)(a), Florida *640 Statutes (2006)....
...n. §
97.012, Fla. Stat. The Department of State is authorized to provide informational cards containing "information about how to vote and such other information as the Department of State may deem necessary" to the supervisors for the voters' use. §
101.031(1), Fla....
...em." In addition, the Voter's Bill of Rights provides that voters have the right to ask for and receive assistance in voting and to receive written instruction to use when voting, and, upon request, oral instruction in voting from election officers. § 101.031(2), Fla....
...1st DCA Aug.8, 2006) (" Krivanek stands for the proposition that election officials are accorded deference in interpreting election laws and performing their duties."). The pertinent statutes relating to the responsibilities of election officials to provide voter information are sections
97.012,
101.031(1),
101.031(2), and
101.5611(1), Florida Statutes, which state:
97.012 Secretary of State as chief election officer....
...The Secretary of State is the chief election officer of this state, and it is his or her responsibility to: . . . . (4) Provide technical assistance to the supervisors of elections on voter education and election personnel training services. . . . . (6) Provide voter education assistance to the public. . . . . 101.031 Instructions for electors. (1) The Department of State, or in case of municipal elections the governing body of the municipality, shall print, in large type on cards, instructions for the electors to use in voting....
..., whose name is not on the ballot, is essential to the voters' casting an effective vote. [4] We also find nothing in the statutes that would preclude the giving of notice as long as the notice complies with the impartiality requirements of sections
101.031(4) and
102.031(4)(a), Florida Statutes....
...We share the trial court's concern and its unspoken fear of bias or partisanship entering into the polling place. It is, thus, important for the courts to balance the desire for an informed electorate with strict enforcement of impartiality mandated by the Legislature in sections
101.031(4) and
102.031(4)(a), Florida Statutes. These subsections read:
101.031 Instructions for electors. ....
CopyCited 2 times | Published | United States Bankruptcy Court, M.D. Florida | 2007 Bankr. LEXIS 4422, 2007 WL 4699047
of the Debtor pursuant to 11 U.S.C. Section 101(31). Section 101(31) sets forth a nonexhaustive definitional
CopyCited 2 times | Published | United States Bankruptcy Court, M.D. Florida | 2017 Bankr. LEXIS 1854
insider of the Debtors within the meaning of Section 101(31) of the Bankruptcy Code, and (iii) an active
CopyCited 2 times | Published | United States Bankruptcy Court, S.D. Florida.
an insider of the Debtor pursuant to 11 U.S.C. § 101(31)(A)(1) and Florida Statutes § 726, et seq.[97]
CopyCited 2 times | Published | United States Bankruptcy Court, M.D. Florida | 7 Fla. L. Weekly Fed. B 1174, 1993 Bankr. LEXIS 1015, 24 Bankr. Ct. Dec. (CRR) 695, 1993 WL 260734
defined by § 101(31)(B) of the Bankruptcy Code, the Trustee cannot prevail. The provisions of § 101(31)(B) are
CopyCited 2 times | Published | United States Bankruptcy Court, M.D. Florida | 13 Fla. L. Weekly Fed. B 143, 2000 Bankr. LEXIS 391, 2000 WL 390420
the insider status, vel non, of these entities. § 101(31) of the Code defines the term "insider" as follows:
CopyCited 1 times | Published | United States Bankruptcy Court, M.D. Florida | 17 Fla. L. Weekly Fed. B 100, 2003 Bankr. LEXIS 1929, 2003 WL 23303283
the Bankruptcy Act, concerning an insider. Section 101(31) of the Code provides that an "`insider' includes
CopyCited 1 times | Published | District Court, S.D. Florida | 2004 U.S. Dist. LEXIS 21344, 2004 WL 2421584
....2003). [20] This is especially true when the election statutes provide under Voter Responsibilities that a voter is responsible for "[f]amiliarizfing] himself or herself with the operation of the voting equipment in his or her precinct." Fla. Stat. § 101.031.
CopyCited 1 times | Published | United States Bankruptcy Court, S.D. Florida. | 1987 Bankr. LEXIS 1652
debtor was insolvent as defined by Bankruptcy Code § 101(31) in that the sum of its debts were greater than
CopyCited 1 times | Published | United States Bankruptcy Court, M.D. Florida | 42 Collier Bankr. Cas. 2d 935, 12 Fla. L. Weekly Fed. B 286, 1999 Bankr. LEXIS 923, 1999 WL 565447
exceeding the "fair valuation" of assets. 11 U.S.C. § 101(31). In a partnership case, the issue of insolvency
CopyCited 1 times | Published | United States Bankruptcy Court, N.D. Florida | 1987 Bankr. LEXIS 958
insolvent for purposes of § 547 is that found in § 101(31): "insolvent" means (A) with reference to an
CopyCited 1 times | Published | United States Bankruptcy Court, S.D. Florida.
defined in the bankruptcy code. See 11 U.S.C. § 101(31)(A)(iv) (if the debtor is an individual, the term
CopyCited 1 times | Published | United States Bankruptcy Court, M.D. Florida | 1999 Bankr. LEXIS 34, 1999 WL 24928
McElroys are clearly "insiders" under 11 U.S.C. § 101(31), being Debtor's parents, as well as being creditors
CopyCited 1 times | Published | United States Bankruptcy Court, M.D. Florida | 22 Fla. L. Weekly Fed. B 334, 2010 Bankr. LEXIS 538, 52 Bankr. Ct. Dec. (CRR) 260, 2010 WL 710677
points out that "[a]s the Senate Report to [section 101(31)] indicates, `[a]n insider is one who has a
CopyPublished | District Court, S.D. Florida
definition of the term "insider” is found in section 101(31) of the U.S. Bankruptcy Code. Kane v. Stewart
CopyPublished | United States Bankruptcy Court, M.D. Florida | 6 Fla. L. Weekly Fed. B 232, 1992 Bankr. LEXIS 1440, 1992 WL 229094
Capital Corporation who, under the definition of § 101(31)(A)(iii) of the Code, is an insider. Other than
CopyPublished | United States Bankruptcy Court, S.D. Florida.
is an insider as defined in Bankruptcy Code section 101(31). Because Wachovia is neither an insider of
CopyPublished | United States Bankruptcy Court, M.D. Florida | 2009 Bankr. LEXIS 3499, 2009 WL 3790288
insider of the Debtor as defined by 11 U.S.C. Section 101(31)(A)(i). The deceased, John L. Mirabile, was
CopyPublished | United States Bankruptcy Court, M.D. Florida | 21 Fla. L. Weekly Fed. B 307, 2008 Bankr. LEXIS 1550, 2008 WL 2232644
The definition of insider pursuant to 11 U.S.C. § 101(31) does not specifically include the Defendants
CopyPublished | United States Bankruptcy Court, S.D. Florida. | 1987 Bankr. LEXIS 1216
hinder, delay, or defraud such entity’s creditors.” § 101(31). “Fair valuation” for our purposes here is indistinguishable
CopyPublished | United States Bankruptcy Court, S.D. Florida. | 2017 Bankr. LEXIS 1888, 64 Bankr. Ct. Dec. (CRR) 101
Disc-O-Tech, Gold Star and Triple Play. See 11 U.S.C. § 101(31)(B) (defining insider of a corporation to include
CopyPublished | United States Bankruptcy Court, S.D. Florida. | 24 Fla. L. Weekly Fed. B 281, 2014 WL 322522, 2014 Bankr. LEXIS 372
101(2)) or any insider (as defined in 11 U.S.C. § 101(31)) of any of them are PROHIBITED from preparing
CopyPublished | United States Bankruptcy Court, S.D. Florida. | 1993 Bankr. LEXIS 1394
postpetition. Hamaoui was an insider as defined under § 101(31) of the Bankruptcy Code and the Debtor was insolvent
CopyPublished | United States Bankruptcy Court, M.D. Florida | 20 Fla. L. Weekly Fed. B 29, 2006 Bankr. LEXIS 2514, 2006 WL 2848587
Chapter 11 case. The term insider is defined by Section 101(31) and in the case of an individual is (i) a
CopyPublished | United States Bankruptcy Court, M.D. Florida | 20 Fla. L. Weekly Fed. B 23, 2006 Bankr. LEXIS 2526, 2006 WL 2848573
the meaning of that term defined by 11 U.S.C. Section 101(31)(A). In support of the applicability of the
CopyPublished | District Court, M.D. Florida | 36 Media L. Rep. (BNA) 2622, 2008 U.S. Dist. LEXIS 84136
...It must ensure its voters that they may exercise their franchise without distraction, interruption, or harassment.”) Additionally, the Florida Voter’s Bill of Rights includes the right to “[v]ote free from coercion or intimidation by elections officers or any other person.” Fla. Stat. § 101.031 (2) (2006)....
CopyPublished | District Court, M.D. Florida
...It must ensure its voters that they may exercise their franchise without distraction, interruption, or harassment.") Additionally, the Florida Voter's Bill of Rights includes the right to "[v]ote free from coercion or intimidation by elections officers or any other person." FLA. STAT. § 101.031(2) (2006)....
CopyPublished | United States Bankruptcy Court, S.D. Florida. | 1990 Bankr. LEXIS 1699
rendering the debtor insolvent. See 11 U.S.C. § 101(31). Further, the transfer was to an insider (the
CopyPublished | United States Bankruptcy Court, M.D. Florida | 1985 Bankr. LEXIS 6290
particular thing. The term “lien” is defined in § 101(31) of the Code and means a charge against or interest