The 2023 Florida Statutes (including Special Session C)
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. . . Insolvency Under § 726.103(2), a debtor is presumed to be insolvent when it is not paying its debts as . . . If the presumption does not arise, under § 726.103(1) a debtor is insolvent when the sum of its debts . . . To establish the presumption of insolvency under § 726.103(2), Plaintiff offers the IRS claims in the . . . Under § 726.103(1), referred to as the "balance sheet test," the Court may determine that a debtor is . . . Stat 726.103(2). Fla. Stat. 726.103(1). Doc. No. 409, p. 3. Doc. . . .
. . . . § 726.103(1); Lawson v. Ford Motor Co. . . .
. . . Under Florida Statute sections 726.103(1) & (2), “[a] debtor is insolvent if the sum of the debtor’s . . .
. . . . § 726.103. The Trustee submits the expert witness report of Mr. . . .
. . . Defendants and incurred the $12 million in promissory note obligations. 3.Insolvency Under Section 726.103 . . . Stat. 726.103 (2005). . . .
. . . . § 726.103(1)). . . .
. . . . § 726.103(1)). . . .
. . . See § 726.103(1), Fla. Stat. (2006). . . . . § 726.103(2), Fla. Stat. (2006). . . .
. . . Reisner is avoidable as a constructive fraudulent transfer under Section 726.103 et seq. of the Florida . . .
. . . also consider whether the trial court erred in entering summary judgment under sections 726.106 and 726.103 . . . that non-payment of the judgment creditor’s debt, alone, triggered the insolvency presumption under 726.103 . . . Section 726.103(1) provides a definition the trial court labels the “balance sheet test.” . . . Section 726.103(2) provides that “[a] debtor who is generally not paying his or her debts as they become . . . Section 726.103(2) creates a rebuttable presumption of insolvency. . . .
. . . .” § 726.103(1), Fla. Stat. (2001). This is referred to as the “balance sheet” test. . . . See § 726.103(2); First Fed. Sav. & Loan Ass’n of Galion, Ohio. v. . . . Thus, the appellees failed to negate the presumption of insolvency of section 726.103(2). . . . See § 726.103(1). . . .
. . . . §§ 726.103, 726.104, as containing analogous sections. . . . .
. . . Stat. ch. 726.103(1). . . . Id. at 726.103(2). . . .
. . . on the burden of proof ignores the presumption in section 726.103(2). . . . Section 726.103(1) lays down the insolvency rule— that a debtor is insolvent when the sum total of all . . . But unlike section 726.103(1) which has been framed as a rule, the Legislature has given section 726.103 . . . Section 726.103(2) has been cast solely as a rebut-table presumption rather than as a rule, and like . . . Because section 726.103(2) is not framed as an alternative to the insolvency rule in section 726.103( . . . having the larger judgment in its favor, was as a matter of law not insolvent as defined in section 726.103 . . . Section 726.103, Fla. . . . that Georgetown could not have been insolvent is that Georgetown was presumed insolvent under section 726.103 . . .
. . . Section 726.103 defines insider as a "[a] relative of the debtor.” . . . . Section 726.103 defines insolvency for individuals in two ways: (1) A debtor is insolvent if the sum . . . Fl.Stat. § 726.103(1) — (2) (West 1988 & Supp. 1997). . . .
. . . Based upon Florida Statute § 726.103, the Debtors were insolvent from August 1990, through the date of . . .
. . . Section 726.103, Florida Statutes (1993) defines insolvency as: (1) A debtor is insolvent if the sum . . .
. . . debtor is “insolvent” if the sum of his debts is greater than his assets at a fair evaluation, section 726.103 . . . a debtor is presumed insolvent if generally not paying his debts as they become due, id. at section 726.103 . . .
. . . Count IV involves the same factual allegations, but is based upon § 726.103 of the Florida Statutes. . . .
