CopyCited 73 times | Published | Supreme Court of Florida | 26 Fla. L. Weekly Supp. 106, 2001 Fla. LEXIS 408, 2001 WL 197031
...d creditors in the creation or maintenance of the Almands' joint bank accounts with their wives. [22] Section
726.105(1)(a), Florida Statutes (2000), prohibits any transfer made with "actual intent to hinder, delay or defraud" any creditor. See also §
726.108, Fla....
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
...The court determined in Section V.D. above that many of the transfers at issue here were fraudulent transfers under Sections
726.105 and
726.106, Florida Statutes. [163] *155 The court must now determine which defendants are liable for these avoided transfers. Sections
726.108 and
726.109, Florida Statutes, govern the question of liability for transfers avoided under state law. Section
726.108, Florida Statutes, provides, in pertinent part, that: (1) In an action for relief against a transfer or obligation under ss....
...ent necessary to satisfy the creditor's claim; In addition, Section
726.109, Florida Statutes, provides, in pertinent part, that: (2) Except as otherwise provided in this section, to the extent a transfer is voidable in an action by a creditor under §
726.108(1)(a), the creditor may recover judgment for the value of the asset transferred, as adjusted under subsection (3), or the amount necessary to satisfy the creditor's claim, whichever is less....
CopyCited 40 times | Published | Supreme Court of Florida | 20 I.E.R. Cas. (BNA) 742, 28 Fla. L. Weekly Supp. 808, 2003 Fla. LEXIS 1619, 2003 WL 22208004
...or can proceed can be "unliquidated,... contingent, ... unmatured." The physician recognizes that it is unnecessary for the hospital to have a judgment in order to seek relief against the transferee, but argues that the claim should be stayed.... 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. A stay of the fraudulent *192 transfer proceedings would preclude the trial court from granting relief under section 726.108 pending the outcome of the claim for damages....
...A "creditor" who possesses a "claim" may seek a number of remedies to prevent the fraudulent transfer of assets. Among the remedies are avoidance of the transfer, attachment, an injunction, appointment of a receiver, and "any other relief the circumstances may require." § 726.108(1)(b), Fla....
...ossess a judgment. In the decision below, the court reached an entirely opposite conclusion. As noted, the district court here determined that "[a] stay of the fraudulent transfer proceedings would preclude the trial court from granting relief under section
726.108 pending the outcome of the claim for damages." Friedman,
806 So.2d at 627....
CopyCited 31 times | Published | Court of Appeals for the Eleventh Circuit
...f property by the Levines to Miller. The precise request for relief as articulated in the trustee's complaint is critical to our disposition of this case and, therefore, is reproduced in relevant part: 3 Pursuant to the provisions of Florida Statute Section
726.108 entitled remedies of creditors, the Court may avoid a transfer found to be fraudulent pursuant to the provisions of Florida Statutes Section
726.105 to the extent necessary to satisfy a creditor's claim....
...ase was initiated, there was no Florida law providing that a debtor forfeits her right to an exemption as a consequence for fraudulent conduct. 39 This legal conclusion is incorrect in light of the following statutes. Florida Statutes §
726.105 and §
726.108, effective at the time of the Annuity purchase, would appear to enable Ameritrust to avoid the transfer or Annuity purchase....
CopyCited 28 times | Published | Supreme Court of Florida | 2004 WL 178598
...abettor liability. In its order, the district judge analyzed the purpose and function of the FUFTA, stating: The equitable remedies identified under the UFTA only permit creditors to set aside fraudulent transfers made to transferees. 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) re...
...Id. at 1234. We conclude that the creation of such an action was not contemplated by enactment of the statute. FUFTA The appellants argue that the certified question should be answered in the affirmative because they believe that FUFTA, specifically section 726.108(1)(c)3, Florida Statutes (2002), encompasses a separate tort for aiding and abetting a fraudulent transfer, with the wording "[a]ny other relief the circumstances may require." Accordingly, the appellants contend that FUFTA is broad e...
...(2) A transfer made by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made if the transfer was made to an insider for an antecedent debt, the debtor was insolvent at that time, and the insider had reasonable cause to believe that the debtor was insolvent. 726.108 Remedies of creditors. (1) In an action for relief against a transfer or obligation under ss....
...A "creditor" who possesses a "claim" may seek a number of remedies to prevent the fraudulent transfer of assets. Among the remedies are avoidance of the transfer, attachment, an injunction, appointment of a receiver, and "any other relief the circumstances may require." § 726.108(1)(b), Fla....
CopyCited 25 times | Published | Florida 3rd District Court of Appeal | 2000 Fla. App. LEXIS 2752, 2000 WL 276350
...e in a contract action. See Sarkis,
697 So.2d at 528. As previously discussed, Invo's remedies under the UFTA are different than its remedies for breach of contract. For example, UFTA provides Invo with the remedy to have the transfer set aside. See §
726.108, Fla....
CopyCited 20 times | Published | Court of Appeals for the Eleventh Circuit | 2013 WL 4463006, 2013 U.S. App. LEXIS 17580
...fraudulent is governed by case law and the UFTA.”).
Thus, the substance of the Estate’s legal claims is governed by Florida’s
Uniform Fraudulent Transfer Act, which is undoubtedly a substantive statute that
imposes liability. 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., Inc....
CopyCited 17 times | Published | District Court, S.D. Florida | 1990 U.S. Dist. LEXIS 16582, 1990 WL 104847
...[18] He also acknowledges that he has not paid any of the judgment. Because, as noted above, there was no reasonably equivalent consideration for the transfer, the transfer is fraudulent under §
726.106(1), and must be voided to the extent necessary to satisfy the Glick Claimants' claim. Fla.Stat. §
726.108(1)(a)....
CopyCited 15 times | Published | Florida 4th District Court of Appeal | 2001 WL 313882
...orm Fraudulent Transfer Act, chapter 726, Florida Statutes (1999). Contrary to appellees' claim, the record discloses that, in the complaint, appellants sought "any relief available" and, at trial, asked for monetary damages in regard to this claim. Section 726.108(1)(c)(3) provides that a movant may, in addition to the remedies specifically enumerated, be entitled to "[a]ny other relief the circumstances may require." Despite the fact that the other remedies set forth in the Act are equitable i...
...the subject of the law among states enacting it." At least one other jurisdiction which has considered the issue head-on concluded, as we have, that a plaintiff may recover money damages against the transferor under the so-called catchall provision, section 726.108(1)(c)(3), of the Uniform Fraudulent Transfer Act. See Profeta v. Lombardo, 75 Ohio App.3d 621, 600 N.E.2d 360 (1991). [1] As such, we find that appellants sought a traditional legal remedy under section 726.108 and were entitled to a jury trial....
...[2] Accordingly, the trial court did not err in submitting this claim to the jury. We distinguish this case from 381651 Alberta, Ltd. v. 279298 Alberta, Ltd.,
675 So.2d 1385 (Fla. 4th DCA 1996), where this court decided that a debtor was not entitled to a jury trial under section
726.108 because, there, the movants sought to set aside a conveyance of land, traditionally an equitable remedy....
CopyCited 15 times | Published | United States Bankruptcy Court, S.D. Florida. | 20 Fla. L. Weekly Fed. B 267, 2007 Bankr. LEXIS 296
...Jacobsons and Discount Water from further using the certain specified property of the estate either personally or in the operation of Discount Water. The injunction and order for accounting are consistent with the Court's authority under Fla. Stat. § 726.108....
CopyCited 12 times | Published | District Court, M.D. Florida | 1989 WL 237755
...er's desires. He took the property to assist his parents in defrauding their creditors. Thus, the conveyance of the Spring Valley property to him was fraudulent. It is void with respect to the creditors of the Romanos and is set aside. See Fla.Stat. § 726.108(1)(a)....
CopyCited 12 times | Published | United States Bankruptcy Court, M.D. Florida | 6 Fla. L. Weekly Fed. B 94, 1992 Bankr. LEXIS 585, 1992 WL 81936
...e. Florida Statutes §
726.105 provides in pertinent part that "[a] transfer . . . by a Debtor is fraudulent as to a creditor . . . if the debtor made the transfer . . . [w]ith actual intent to hinder, delay, or defraud any creditor . . ." Fla.Stat. §
726.108, in turn, provides that such transfer may be avoided....
...Bankruptcy Code that there must be a transfer before the same could be set aside as fraudulent, this Court is satisfied that there was no transfer and, therefore, the conversion of the Debtor's property cannot be challenged as fraudulent. Fla.Stat. § 726.108; 11 U.S.C....
CopyCited 10 times | Published | District Court, S.D. Florida | 1995 U.S. Dist. LEXIS 2333, 1995 WL 86566
...Determine whether that Bill Provides Proof of Walter Davidson's Intent to Hinder, Delay or Defraud Ameritrust, (b) to Determine Whose Funds Were Used to Purchase the Annuity, and (c) to Determine the Applicability of Florida Statutes §
726.105 and §
726.108....
...ischarge under 11 U.S.C. § 727(a)(4) and (5). The Bankruptcy Court's Order Overruling Plaintiffs' Objections to Debtors' Claimed Exemptions is REVERSED and REMANDED with Instructions to Determine the Applicability of Florida Statutes §
726.105 and §
726.108 This Court has conducted a de novo review of the Bankruptcy Court's conclusion that Plaintiffs' Objections to Debtors' exemptions should be overruled....
...o Florida law providing that a debtor forfeits her right to an exemption as a consequence for fraudulent conduct. See, Memorandum Decision, at 12. This legal conclusion is incorrect in light of the following statutes. Florida Statutes §
726.105 and §
726.108, effective at the time of the Annuity purchase, would appear to enable Ameritrust to avoid the transfer or Annuity purchase....
...to hinder or delay Ameritrust. See, Memorandum Decision, at 7. Accordingly, based upon the Bankruptcy Court's own findings, the Annuity purchase in this case would appear to be "fraudulent" under Florida Statute §
726.105. Moreover, Florida Statute §
726.108(1) provides: In an action for relief against a transfer or obligation under ss.
726.101-726.112, a creditor [Ameritrust] . . . may obtain: (a) Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor's claim. Due to the apparent applicability of Florida Statutes §
726.105 and §
726.108, the Bankruptcy Court's Memorandum Decision and Judgment which overrules Plaintiffs' Objections to Debtors' claimed exemptions is REVERSED AND REMANDED to the Bankruptcy Court to consider the applicability of §
726.105 and §
726.108 to the case at bar....
...Determine Whether that Bill Provides Proof of Walter Davidson's Intent to Hinder, Delay or Defraud Ameritrust, (b) to Determine Whose Funds Were Used to Purchase the Annuity, and (c) to Determine the Applicability of Florida Statutes §
726.105 and §
726.108....
...er within the scope of the agency or employment, made during the existence of the relationship. [10] Because the Court finds that this case needs to be remanded to the Bankruptcy Court to consider the applicability of Florida Statutes §
726.105 and §
726.108, this Court does not need to address whether the rationale in In re Schwarb, supra , should be followed in this case.
CopyCited 10 times | Published | Florida 3rd District Court of Appeal | 2013 WL 4007280, 2013 Fla. App. LEXIS 12334
...ments of the attachment statute are met. §
76.08, Fla. Stat. (2018). In an action for relief against an allegedly fraudulent transfer sought pursuant to Chapter 726, Florida Statutes, a creditor may seek an attachment against the transferred asset. §
726.108(l)(b), Fla....
...t is an action against a transferee who has received *327 an asset by means of a fraudulent conveyance and should be required to either return the asset or pay for the asset (by way of a judgment and execution). 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....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 1996 WL 382273
...fer; however, that section is limited only to post-judgment proceedings brought in the court in which the original judgment was obtained. See Regent Bank v. Woodcox,
636 So.2d 885 (Fla. 4th DCA 1994). It is significant that the remedies set forth in section
726.108 are equitable remedies. Section
726.108(1)(c) specifically provides that "[s]ubject to the applicable principles of equity and in accordance with applicable rules of civil procedure," a creditor may obtain an injunction, appointment of a receiver or "[a]ny other relief the circumstances may require." (Emphasis supplied)....
...allegation that no remedy at law exists or that the remedy at law is incomplete or inadequate. See Stewart v. Manget,
132 Fla. 498, 503-04,
181 So. 370, 373 (1938). While no case has directly addressed the right to a jury trial in proceedings under section
726.108, it has been held that there is no right to a jury trial in summary proceedings authorized by section
56.29....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2000 WL 1671507
...without her knowledge and there was no evidence that she benefitted from the transfer. Additionally, there is a total absence of evidence that she conspired with Henry Yusem to defraud SFWMD. Therefore, there is no basis to hold Judith Yusem liable. Section 726.108(1), Florida Statutes (1997), [2] provides for the remedies of creditors. *749 There is nothing in section 726.108 which provides that a creditor such as SFWMD, that has a judgment against a debtor such as Henry Yusem, can obtain an additional judgment against the same debtor, because the debtor fraudulently transferred funds to avoid his creditors....
...or it is an action against a transferee who has received an asset by means of a fraudulent conveyance and should be required to either return the asset or pay for the asset (by way of a judgment and execution). 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....
CopyCited 6 times | Published | Court of Appeals for the Eleventh Circuit
...nt respects. While the Bankruptcy
Code limits remedies to the recovery of the transferred property or its value, 11
U.S.C. § 550(a) (2001), FUFTA clearly provides additionally for “any other relief
the circumstances may require.”4 Fla. Stat. § 726.108 (2002). This catchall phrase
4
Fla. Stat. § 726.108 (2002) provides the following remedies of creditors:
(1) ......
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 4820, 2016 WL 1238265
...der FUFTA. 5 It was based on the *503 theory that the assignment of the notes to National. 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....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 2003 Fla. App. LEXIS 1788, 2003 WL 327506
...y and sometimes the only remedy. Certainly, setting aside the fraudulent conveyance is the focus of the law's remedy. However, subject to applicable principles of equity, any other relief the circumstances may require is specifically authorized. See section 726.108(1)(c)3, Florida Statutes....
CopyCited 4 times | Published | District Court, S.D. Florida | 2011 U.S. Dist. LEXIS 136254, 2011 WL 5914034
...They argue that as innocent transferees the Receiver does not have the authority to pursue claims against them. Under Florida’s Uniform Fraudulent Transfer Act, a creditor may avoid, or rescind, a transfer of assets made from a debtor to a transferee if the transfer was fraudulent. Fla. Stat. § 726.108 (l)(a) (2010)....
...In addition to avoiding fraudulent transfers, a creditor may obtain an attachment against the asset transferred, “or other property of the transferee,” or may even be able to obtain an injunction against the transferee preventing further disposition of the asset. Fla. Stat. § 726.108 (l)(b) & (c) (2010)....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2008 WL 2511779
...In Rite Aid, this Court considered whether the right to a jury trial attached in an action brought pursuant to the Uniform Fraudulent Transfer Act, which contained a catch-all relief provision allowing for "`[a]ny other relief the circumstances may require.'" Id. (quoting § 726.108(1)(c)3., Fla....
CopyCited 4 times | Published | District Court, M.D. Florida | 2013 WL 247004, 2013 U.S. Dist. LEXIS 8972
...As representative of the receivership entities (the hedge funds), the Receiver asserts he is entitled to avoid and recover transfers equal to the amount of frise profits that Nadel caused the hedge funds to make to Cloud, and any other pertinent remedy available under Fla. Stat. § 726.108 , because the money was commingled among hedge funds and Nadel used the hedge funds as a single, continuous scheme....
CopyCited 4 times | Published | District Court, M.D. Florida | 2013 WL 247072, 2013 U.S. Dist. LEXIS 8995
...As representative of the receivership entities (the hedge funds and Traders), the Receiver asserts he is entitled to avoid and recover transfers equal to the amount of false profits that Nadel caused the hedge funds and Traders to make to Morgan, and any other pertinent remedy available under Fla. Stat. § 726.108 , because the money was commingled among hedge funds and Nadel used the hedge funds and Traders as a single, continuous scheme....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...Chuly Int’l, LLC,
118 So. 3d 325, 326 n.1 (Fla. 3d DCA 2013).
“A fraudulent conveyance action is simply another creditors’ remedy.” Yusem v.
S. Fla. Water Mgmt. Dist.,
770 So. 2d 746, 749 (Fla. 4th DCA 2000) (“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.”).
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.” We review this
surprising legal conclusion de novo....
...fact
and whether the trial court properly applied the correct rule of law.’” Glaze v.
Worley,
157 So. 3d 552, 553-54 (Fla. 1st DCA 2015) (citation omitted).
3
The trial court erred in ruling that section
726.108 does not authorize awards
of money damages....
...The statute authorizes such awards against both fraudulent
transferor and transferee, jointly and severally. See Hansard Constr. Corp. v. Rite
Aid of Fla., Inc.,
783 So. 2d 307, 309 (Fla. 4th DCA 2001) (concluding “that a
plaintiff may recover money damages against the transferor under the so-called
catchall provision, section
726.108(1)(c)(3), of the Uniform Fraudulent Transfer
Act” (boldface omitted)). Section
726.108, Florida Statutes, provides:
(1) In an action for relief against a transfer or
obligation under ss....
...e creditor, if the court so
orders, may levy execution on the asset transferred or its
proceeds.
Section
726.109(2), Florida Statutes, provides that “to the extent a transfer is
voidable in an action by a creditor under s.
726.108(1)(a), the creditor may recover
judgment for the value of the asset transferred, as adjusted under subsection (3), or
4
the amount necessary to satisfy the creditor’s claim, whichever is less.” See Myers
v....
CopyCited 3 times | Published | United States Bankruptcy Court, S.D. Florida. | 9 Fla. L. Weekly Fed. B 20, 1995 Bankr. LEXIS 743, 27 Bankr. Ct. Dec. (CRR) 344
...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. . . . Fla.Stat. § 726.108 (emphasis added)....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2014 WL 2197625, 2014 Fla. App. LEXIS 8092
...f DAE1.” Edwards filed a motion to dismiss for lack of personal jurisdiction and to dismiss Count IV of ASG’s third amended complaint. The trial court denied this motion, and this appeal followed. 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. 1 In general, actions under section
726.108 are brought against a recipient or transferee of assets or property, and not a transferor (ASG alleges Edwards was both a transferee and transfer- or). See Friedman v. Heart Inst, of Port St. Lucie, Inc.,
863 So.2d 189, 191 (Fla. 2003) (“Tn 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.’ ”) (quoting Friedman v....
...At issue here is the first inquiry-whether ASG’s third amended complaint alleged sufficient jurisdictional facts, as it relates to Edwards, to establish either general or specific jurisdiction over Edwards. Our main focus is on whether an alleged fraudulent transfer, giving rise to a claim under section
726.108, is a “tortious act” under section
48.193(l)(a)2., Florida Statutes (2013)....
...dulent transfer does not constitute a tortious act for purposes of Florida’s long-arm statute. Dinn v. Haynes,
705 So.2d 686 , 687 n. 1 (Fla. 4th DCA 1998). We agree with these authorities. A fraudulent transfer is not a “tortious act” because section
726.108 does not “speak in terms of ‘liability’ for a wrongful act or in terms of ‘money damages.’ ” Cf....
...1993) (noting that the legislative theory for similar claims of fraudulent conveyances under the Bankruptcy Code is “ ‘cancellation, not the creation of liability for the consequences of a wrongful act’ ”) (quoting Robinson v. Watts Detective Agency, Inc.,
685 F.2d 729, 738 (1st Cir.1982)). Instead, section
726.108 is more “in the nature of contract,” as it allows a creditor to avoid a transfer or allows a court to appoint a receiver to take charge of the property transferred....
...being ‘null and void,’ and authorizes suit by the trustee to ‘reclaim and recover such property or collect its value.’ ”) (quoting Robinson,
685 F.2d at 738 ). Because a person is not “liable” for receipt of a fraudulent transfer under section
726.108, we hold a fraudulent transfer is not a “tortious act” under Florida’s long-arm statute....
...ASG’s failure to specifically mention where the transfer occurred prevents us from determining whether any act was committed within this state. Accordingly, we reverse the trial court’s order denying appellant’s motion to dismiss for lack of personal jurisdiction. Reversed. TAYLOR and CONNER, JJ., concur. .Section 726.108 provides: (1) In an action for relief against a transfer or obligation under ss....
CopyCited 2 times | Published | United States Bankruptcy Court, M.D. Florida | 2007 Bankr. LEXIS 4422, 2007 WL 4699047
...[78] The courts look at the totality of the circumstances and the badges of fraud surrounding the transfers given the difficulties in establishing actual intent. In, re World Vision Entertainment, Inc.,
275 B.R. 641, 656 (Bankr. M.D.Fla.2002). Remedies for a plaintiff seeking to avoid a transfer are set forth in Section
726.108....
CopyCited 2 times | Published | United States Bankruptcy Court, M.D. Florida | 2001 Bankr. LEXIS 927, 2001 WL 715650
...in the entireties properties was fraudulent as to existing and future creditors of Debtor under Chapter 726 of the Florida Statutes. Plaintiff seeks to recover the properties or proceeds therefrom for distribution to creditors under Florida Statutes § 726.108....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 27 Fla. L. Weekly Fed. D 345
...contingent, ... unmatured." §
726.102(3), Fla. Stat. (1999). The physician recognizes that it is unnecessary for the hospital to have a judgment in order to seek relief against the transferee, but argues that the claim should be stayed as in Rosen. 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 *627 further disposition of the asset or the appointment of a receiver to take charge of the asset. A stay of the fraudulent transfer proceedings would preclude the trial court from granting relief under section
726.108 pending the outcome of the claim for damages....
CopyCited 2 times | Published | District Court, M.D. Florida | 2011 U.S. Dist. LEXIS 16683, 2011 WL 693576
...With respect to the intent element, it appears that plaintiffs allege defendant committed both actual and constructive fraud, [6] but the Court cannot decipher facts which support these allegations. Second, the Court can only avoid a transfer "to the extent necessary to satisfy the creditor's claim." Fla. Stat. § 726.108(1)(a)....
CopyCited 1 times | Published | District Court, M.D. Florida | 2012 WL 4369602, 2012 U.S. Dist. LEXIS 136962
...5-7.) In response, the Receiver contends that he has properly asserted a claim under FUFTA because he has pled a constructive fraud claim and therefore need not specifically identify a creditor, debtor, or claim. (Doc. # 16, pp. 6-7.) Under FUFTA, a transfer is voidable if fraudulent. Fla. Stat. § 726.108 ....
...A “creditor” who possesses a “claim” may seek a number of remedies to prevent the fraudulent transfer of assets. Among the remedies are avoidance of the transfer, attachment, an injunction, appointment of a receiver, and “any other relief the circumstances may require.” § 726.108(l)(b), Fla....
CopyCited 1 times | Published | United States Bankruptcy Court, M.D. Florida
...incurred by the debtor, that was made or incurred on or within 2 years before the date of the filing of the petition.” 18 Section 544(b)(1) similarly allows a trustee to avoid any transfers which an unsecured creditor could have avoided under applicable state law, in this case, Fla. Stat. §
726.105 (l)(a) and §
726.108. 19 Bankruptcy Code § 548 and Fla. Stat. §§
726.105 and
726.108 are substantially the same, with the exception of Florida’s more favorable four-year look-back period, and both allow a trustee to avoid transfers made with the actual intent to hinder, delay, or defraud a creditor of the debtor....
...denied. Counts III and IV of the trustee’s complaint allege the profits defendants received from their investments in the TCTS Stock Program were constructively fraudulent transfers under § 548 of the Code and §§
726.105(l)(b),
726.106(1), and
726.108(l)(a) of Florida Statutes....
...07-bk-02432, Trans Continental Publishing, Inc., Case No. 07-bk-04160, Louis J. Pearlman Enterprises, LLC, Case No. 07-bk-01779, and TC Leasing, LLC, Case No. 07-bk-04160. . All references to the Bankruptcy Code are to 11 U.S.C. § 101 etseq. . Fla. Stat. §§
726.105 ,
726.106 and
726.108 ("FUFTA”)....
CopyCited 1 times | Published | District Court, S.D. Florida | 2014 WL 1745361
...r ability to pay as they became due. Fla. Stat. §
726.105 . Under the FUFTA, a creditor may bring an action to obtain “[a]voidance of the [fraudulent] transfer or obligation to the extent necessary to satisfy the creditor’s claim.” Fla. Stat. §
726.108 (l)(a)....
CopyCited 1 times | Published | District Court, M.D. Florida | 2014 U.S. Dist. LEXIS 86432, 2014 WL 2882938
...f Fraudulent Transfers,” against Synovus: (1) Actual Fraud, 11 U.S.C. § 544 (b) and Florida Statute §§
726.105(l)(a) — Overdraft Loan Repayment Transfers; (2) Constructive Fraud, 11 U.S.C. § 544 (b) and Florida Statute §§
726.105(l)(b) and
726.108 — Overdraft Loan Repayment Transfers; (3) Constructive Fraud, 11 U.S.C. § 544 (b) and Florida Statute §§
726.106(1) and
726.108 — Overdraft Loan Repayment Transfers; (4) Actual Fraud, 11 U.S.C. § 544 (b) and Florida Statute §§
726.105(l)(a) and
726.108 — Deposit Transfers; (5) Constructive Fraud, 11 U.S.C. § 544 (b) and Florida Statute §§
726.106(1) and
726.108 — Deposit Transfers; (6) Constructive Fraud, 11 U.S.C. § 544 (b), Florida Statute §§
726.106(1) and
726.108 — Deposit Transfers; (7) Actual Fraud, 11 U.S.C. § 544 and Florida Statute §§
726.105(l)(a) and
726.108 — Other Loan Repayment Transfers; (8) Constructive Fraud, 11 U.S.C. § 544 and Florida Statute §§
726.105(l)(b) and
726.108— Other Loan Repayment Transfers; (9) Constructive Fraud, 11 U.S.C. § 544 (b) *276 and Florida Statute §§
726.106(1) and
726.108 — Other Loan Repayment Transfers; (10) Actual Fraud, 11 U.S.C. § 544 and Florida Statute §§
726.105(l)(a) and
726.108 — Able Body Labor Asset Sale Transfers; (11) Constructive Fraud, 11 U.S.C. § 544 and Florida Statute §§
726.105(l)(b) and
726.108 — Able Body Labor Asset Sale Transfers; and (12) Constructive Fraud, 11 U.S.C. § 544 (b) and Florida Statute §§
726.106(1) and
726.108 — Able Body Labor Asset Sale Transfers....
...Both parties filed a response opposing the reference of this case to the Bankruptcy Court. (Doc. ## 40, 41). . The Trustee lists 11 U.S.C. § 544 separately within each Count as a basis for each individual claim. Similarly, each Count references Fla. Stat. §
726.108 , which states in relevant part: (1) In an action for relief against a transfer or obligation under §§
726.101-726.112, a creditor ... may obtain: (a) Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor’s claim; .... Fla. Stat. §
726.108 (l)(a)....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2014 WL 51686, 2014 Fla. App. LEXIS 144
...and
726.106, Florida Statutes (2010), define the circumstances where a transfer by a debtor is fraudulent as to a creditor. 1 Under Chapter 726, it is the “creditor” who may “obtain” the remedies provided by the statute against a transferee. §
726.108(1), Fla....
CopyCited 1 times | Published | District Court, M.D. Florida | 75 A.F.T.R.2d (RIA) 1660, 1995 U.S. Dist. LEXIS 3234
...8 Florida’s fraudulent conveyance statute provides that a creditor who seeks relief from a conveyance that falls within the fraudulent transfer provisions is entitled to avoid the transfer to the extent necessary to satisfy the creditor’s claim. Fla.Stat.Ann. § 726.108(l)(a) (West 1988)....
...CONCLUSION Florida’s fraudulent conveyance statute provides that a creditor who seeks relief from a transfer that falls within the fraudulent transfer provisions is entitled to avoid the transfer to the extent necessary to satisfy the creditor’s claim. Fla.Stat.Ann. § 726.108(l)(a) (West 1988)....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2000 Fla. App. LEXIS 16892, 2000 WL 1872341
...he court. Thus, the judgment must be reversed as she was not properly brought into the proceedings supplementary as a party. Marie's contention that reversal of the judgment mandates vacation of the temporary injunction is without merit. Pursuant to section 726.108, the judgment creditor may be afforded certain remedies against the asset subject to the creditor's claim, including the entry of provisional remedies, i.e., a temporary injunction....
CopyPublished | District Court, M.D. Florida | 2014 U.S. Dist. LEXIS 137425, 2014 WL 4854277
...Moreover, despite Defendants’ contention to the contrary, Defendants failed to satisfy the statutory requirements to obtain a prejudgment writ of garnishment under Florida Statute section
77.031 or relief against fraud- ■ ulent transfer under Florida Statute section
726.108....
...o satisfy an arbitration award or judgment; and 5) the Libyan court did not require FEG to post a bond. Additionally, FEG’s Libyan Proceeding is not authorized under Florida’s fraudulent transfer statute. Although Defendants cite Florida Statute section 726.108(c)!., which affords "[a]n injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property!,]” GECOL is neither a debtor nor a transferee under this provision. As such, section 726.108(1) has no applicability here....
CopyPublished | District Court, M.D. Florida | 74 A.F.T.R.2d (RIA) 6755, 1994 U.S. Dist. LEXIS 15229, 1994 WL 739374
...Florida’s fraudulent conveyance statute provides that a creditor who seeks relief from a transfer that falls within the fraudulent transfer provisions is entitled to avoid the transfer to the extent necessary to satisfy the creditor’s claim. Fla.Stat.Ann. § 726.108(l)(a) (West 1988)....
CopyPublished | United States Bankruptcy Court, S.D. Florida.
...§ 541 and Florida Statute §
726.105; (2) avoidance and recovery of fraudulent transfers pursuant to 11 U.S.C. § 548 (a)(1)(B) and § 550; (3) avoidance and recovery of fraudulent transfers pursuant to 11 U.S.C. § 544 and Florida Statutes §
726.105(()(b) and §
726.108; and (4) avoidance and recovery of fraudulent transfers pursuant to 11 U.S.C. § 544 and Florida Statutes §
726.106 and §
726.108....
CopyPublished | District Court of Appeal of Florida
complaint subject to the rules of civil procedure. §
726.108, Fla. Stat. See also §
56.29(9), Fla. Stat. It
CopyPublished | District Court, S.D. Florida | 2012 U.S. Dist. LEXIS 66868, 2012 WL 1676762
...of Green Bullion’s debt on fraudulent transfer claims. The Florida fraudulent transfer statute provides that a creditor may obtain “[a]voidance of the transfer or obligation to the extent necessary to satisfy the creditor’s claim.” Fla Stat. § 726.108(l)(a)....
...Plaintiff urges the Court to deny this motion to strike because the Florida fraudulent transfer statute “provides for a broad menu of remedies and grants the Court discretion in awarding them.” Aronson & Mofshin Response at 7 (citing Fla. Stat. § 726.108 (1))....
CopyPublished | District Court, M.D. Florida | 117 A.F.T.R.2d (RIA) 1869, 2016 U.S. Dist. LEXIS 84576, 2016 WL 3211768
...Where a creditor succeeds in showing that a transfer satisfies the elements for being a fraudulent transfer under Section
726.106(1), creditors may obtain “[ajvoidance of the transfer ... to the extent necessary to satisfy the creditor’s claim.” Fla. Stat., §
726.108(l)(a)....
...d a distribution of the proceeds of such sale according to the findings of the Court. It is further ORDERED that the transfer of the Sarasota Property to Major and his wife and tenants by the entirety is AVOIDED pursuant to Sections
726.106(1) &
726.108(l)(a) of the Florida Statutes....
CopyPublished | Florida 2nd District Court of Appeal | 2008 Fla. App. LEXIS 4327, 2008 WL 782880
...3d DCA 1989) (holding that order impleading party to proceedings supplementary is nonfinal and functions to determine whether a prima facie case has been made). Following this order, no amended pleading was ever filed adding Mr. Hutchens as a named defendant. No complaint alleging a fraudulent transfer under section 726.108, Florida Statutes (2000), was ever filed....
CopyPublished | District Court of Appeal of Florida
“reasonably equivalent value in exchange.” Section
726.108, “Remedies of creditors,” permits a broad
CopyPublished | Florida 3rd District Court of Appeal | 2014 WL 2756524, 2014 Fla. App. LEXIS 9219
...extent necessary to satisfy his claim; an attachment against the asset transferred or its proceeds; an injunction against further disposition of the Scorpion promissory note and *45 proceeds; and “any other relief the circumstances may require.” § 726.108....
...rom liability to a judgment creditor for a fraudulent transfer. We reverse and remand for the entry of judgment in favor of Dr. Marc Puleo against Yali Golan and the impleaded defendant Leslie Golan, and for further proceedings granting relief under section 726.108, Florida Statutes, to the extent of the uncollected balance of Puleo’s judgments....
CopyPublished | Florida 3rd District Court of Appeal | 2017 WL 2562406, 2017 Fla. App. LEXIS 8683
...Moreover, and as to Marcus Berto and Werner Batista, we conclude that the
allegations in the ex parte motion, together with its supporting documents, are
insufficient to justify the trial court’s entry of a temporary injunction as to these
two appellants. See § 726.108(1)(c), Fla....
CopyPublished | Court of Appeals for the Eleventh Circuit
...Bank & Tr.,
749 F.3d 938, 942 (11th
Cir. 2014).
II.
The FUFTA provides generally that a creditor may avoid a debtor’s
fraudulent transfer to the extent necessary to satisfy the creditor’s claim. Fla. Stat.
§
726.108(1)(a)....
CopyPublished | United States Bankruptcy Court, S.D. Florida.
...The Plaintiff seeks to avoid the Transfers pursuant to several statutes and to recover from the Defendant the money transferred pursuant to 11 U.S.C. § 550 . In Count I of the Complaint, the Plaintiff seeks to avoid the Transfers pursuant to 11 U.S.C. § 548 (a)(1)(A), 11 U.S.C. § 544 (b)(1), Fla. Stat. § 726.108 (1)(a), and Fla....
...(d) made the *257 Transfers outside of the Debtor’s ordinary course of business for the benefit of insiders, i.e., the Kanes. In Count III of the Complaint, the Plaintiff seeks to avoid the Transfers pursuant to 11 U.S.C. § 544 (b)(1), Fla. Stat. 726.108(1)(a), Fla....
CopyPublished | District Court, M.D. Florida | 2013 WL 246731, 2013 U.S. Dist. LEXIS 8969
...As representative of the receivership entities (the hedge funds), the Receiver asserts he is entitled to avoid and recover transfers equal to the amount of false profits that Nadel caused the hedge funds to make to Dancing $, and any other pertinent remedy available under Fla. Stat. § 726.108 , because the money was commingled among hedge funds and Nadel used the hedge funds as a single, continuous scheme....
CopyPublished | Florida 2nd District Court of Appeal
...person who is liable on a claim."); see also Smith v. Effective Teleservices,
Inc.,
133 So. 3d 1048, 1052 (Fla. 4th DCA 2014) ("[I]t is the 'creditor' who
may 'obtain' the remedies provided by [Florida's Uniform Fraudulent
Transfer Act] against a transferee." (quoting §
726.108(1), Fla....
...and "attache[d] the surplus funds for disbursal to Vivian."
Analysis
Florida's Uniform Fraudulent Transfer Act (UFTA) provides a
creditor a remedy to avoid a debtor's fraudulent conveyance "to the
extent necessary to satisfy the creditor's claim." § 726.108(1)(a)....
CopyPublished | Court of Appeals for the Eleventh Circuit | 216 B.R. 1046, 1998 U.S. App. LEXIS 1677, 1998 WL 39164
...property by the Levines to Miller. The precise request for relief as articulated in the trustee's
complaint is critical to our disposition of this case and, therefore, is reproduced in relevant part:
Pursuant to the provisions of Florida Statute Section
726.108 entitled remedies of
creditors, the Court may avoid a transfer found to be fraudulent pursuant to the provisions
of Florida Statutes Section
726.105 to the extent necessary to satisfy a creditor's claim....
...da law providing that a debtor
forfeits her right to an exemption as a consequence for fraudulent conduct.
This legal conclusion is incorrect in light of the following statutes. Florida Statutes
§
726.105 and §
726.108, effective at the time of the Annuity purchase, would appear to
enable Ameritrust to avoid the transfer or Annuity purchase.
Id....
CopyPublished | Court of Appeals for the Eleventh Circuit
...The precise request for relief as
articulated in the trustee’s complaint is critical to our disposition of
this case and, therefore, is reproduced in relevant part:
3
Pursuant to the provisions of Florida
Statute Section
726.108 entitled remedies of
creditors, the Court may avoid a transfer found
to be fraudulent pursuant to the provisions of
Florida Statutes Section
726.105 to the extent
necessary to satisfy a creditor’s claim....
...that a debtor forfeits her right to an
exemption as a consequence for
fraudulent conduct.
This legal conclusion is incorrect in light of
the following statutes. Florida Statutes §
726.105 and §
726.108, effective at the time of
the Annuity purchase, would appear to enable
Ameritrust to avoid the transfer or Annuity
purchase.
Id....
CopyPublished | District Court, S.D. Florida | 1995 U.S. Dist. LEXIS 2368, 1995 WL 86589
...For the following reasons, it is ORDERED AND ADJUDGED that: 1. Bankruptcy Court's Order Overruling Trustee's Objection to Exemption, dated February 24, 1994, is hereby REVERSED AND REMANDED with Instructions to Determine the Applicability of Florida Statutes §
726.105 and §
726.108....
...Debtors request that this Court affirm the Bankruptcy Court's Order Overruling Trustee's Objection to Exemption. Discussion The Bankruptcy Court's Order Overruling Trustee's Objection to Exemption is REVERSED and REMANDED with Instructions to Determine the Applicability of Florida Statutes §
726.105 and §
726.108 This Court has conducted a de novo review of the Bankruptcy Court's conclusion that Plaintiffs' Objections to Debtors' exemptions should be overruled....
...t conduct. See, Bankruptcy Court's Order, at 2. As set forth in this Court's opinion in Case Nos. 94-8178-CIV-ARONOVITZ and 94-8291-CIV-ARONOVITZ, this legal conclusion is incorrect in light of the following statutes. Florida Statutes §
726.105 and §
726.108, effective at the time the settlement proceeds were placed into the exempt Annuity, would appear to enable the Trustee to avoid the transfer or establishment of the Annuity in this case....
...s claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation: (a) With actual intent to hinder, delay, or defraud any creditor of the debtor. Moreover, Florida Statute §
726.108(1) provides: In an action for relief against a transfer or obligation under ss.
726.101-726.112, a creditor . . . may obtain: (a) Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor's claim. Due to the apparent applicability of Florida Statutes §
726.105 and §
726.108, the Bankruptcy Court's Order Overruling Trustee's Objection to Exemption is REVERSED AND REMANDED to the Bankruptcy Court to consider the applicability of §
726.105 and §
726.108 to the case at bar....
...*335 In summary and for the reasons set forth herein, it is ORDERED AND ADJUDGED that: 1. Bankruptcy Court's Order Overruling Trustee's Objection to Exemption, dated February 24, 1994, is hereby REVERSED AND REMANDED with Instructions to Determine the Applicability of Florida Statutes §
726.105 and §
726.108....
...In re Barker holds that Section 522 does not give the Court authority and In re Schwarb holds that Section 522 does give the Court authority. Because the Court finds that this case needs to be remanded to the Bankruptcy Court to consider the applicability of Florida Statutes §
726.105 and §
726.108, this Court does not need to address whether the rationale in In re Schwarb or In re Barker should be followed in this case.
CopyPublished | District Court, M.D. Florida | 2015 U.S. Dist. LEXIS 20524, 2015 WL 736275
...Moreover, despite Defendants' contention to the contrary, Defendants failed to satisfy the statutory requirements to obtain a prejudgment writ of garnishment under Florida Statute section
77.031 or relief against fraudulent transfer under Florida Statute section
726.108....
...satisfy an arbitration award or judgment; and 5) the Libyan court did not require FEG to post a bond. Additionally, FEG’s Libyan Proceeding is not authorized under Florida’s fraudulent transfer statute. Although Defendants' cite Florida Statute section 726.108(c)l, which affords "[a]n injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property!)]” GECOL is neither a debtor nor a transferee under this provision. As such, section 726.108(1) has no applicability here....
CopyPublished | United States Bankruptcy Court, S.D. Florida. | 7 Fla. L. Weekly Fed. B 376, 1994 Bankr. LEXIS 111
...§ 550 ; 3) avoidance and recovery of the same alleged fraudulent conveyance under 11 U.S.C. § 548 (a)(2) and § 550; 4) avoidance of several transfers between 1988 and 1991 under FlaStat. §
726.105(l)(a) and 11 U.S.C. § 544 , and recovery pursuant to Fla.Stat. §
726.108 and 11 U.S.C. § 550 ; and 5) avoidance and recovery of the Count IV transfers under Fla.Stat. §
726.105(l)(b) and 11 U.S.C. § 544 , and Fla.Stat. §
726.108 and 11 U.S.C....
CopyPublished | Florida 4th District Court of Appeal
...judgment motion finding Westport established all the elements of
fraudulent conveyance under section
726.105(1)(a). The trial court
determined that the transfer of the 1906 Property from Strong to Appellant
was a fraud upon Strong’s creditors and voidable under section
726.108(1)(a), Florida Statutes (2016)....
CopyPublished | United States Bankruptcy Court, M.D. Florida | 25 Fla. L. Weekly Fed. B 156, 2014 Bankr. LEXIS 5152, 60 Bankr. Ct. Dec. (CRR) 116
...nt. Bankruptcy Code § 550 then goes on to provide that the trustee may recover the value of the property transferred from either the initial transferee of such transfer or the entity for whose benefit such transfer was made. 1 In a similar fashion, §
726.108, Florida Statutes, provides that a creditor (and in this case the trustee standing in the shoes of an unsecured creditor under 11 U.S.C. § 544 (b)(1)) may avoid a transfer that is fraudulent under either §
726.105 or §
726.106, Florida Statutes. 2 Section
726.109, Florida Statutes, provides that to the extent a transfer is avoidable under §
726.108(a)(1), then judgment for the value of the asset transferred may be entered against the first transferee of the asset or the person for whose benefit the transfer was made....
...the beneficiaries of avoidable transfers. 6 The Plaintiff has done this. Accordingly, it is ORDERED: 1. The Motion to Dismiss is DENIED. 2. The Defendants will have 14 days from the date of this Order to file an answer. . 11 U.S.C. § 558 (a)(1). . § 726.108(l)(a), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2016 Fla. App. LEXIS 12750, 2016 WL 4446010
...See In re Amendments to Florida Rules of Appellate Procedure,
183
So. 3d 245, 253 (Fla. 2014).
2
Plaintiff’s motion [sic] is granted and pursuant to Fla. Stat.
605.0503(7)(b) [and](c) and Fla. Stat.
726.108[(1)(c)3] the
membership interest of Eliahu Abukasis in A & E Two Associates
LLC is transferred to plaintiff MTM Finest, LTD....
...n
by Olmstead and served “to clarify the exclusive remedies available to a judgment
creditor as to a judgment debtor’s interest in an LLC: a charging order, or a
charging order followed by a foreclosure sale”). The attempted application of
section 726.108, Florida Statutes, the fraudulent transfer statute, is similarly
flawed.
For the foregoing reasons, we reverse the order of the trial court and remand
for further proceedings.
5
CopyPublished | United States Bankruptcy Court, M.D. Florida
...account on January 13, 2012. In Sections C and D above, the Court found that the transfers were made with actual fraudulent intent and that the transfers were constructively fraudulent. Accordingly, the transfers are avoidable under §
56.29(3) and §
726.108 of the Florida Statutes, and the transferred assets are subject to execution to satisfy the debt owed by Debtor....
..., LLC, to McCuan LLC on January 1, 2010. For the reasons explained in this opinion, the transfer is avoidable as an actually and constructively fraudulent transfer. Additionally, the Court finds that the entry of a judgment against McCuan LLC, under §
726.108 is the appropriate remedy, rather than the remedy provided by §
605.0503 of the Florida Statutes, because "no law ......
...The Law Dictionary featuring Black's Law Dictionary Free Online Legal Dictionary 2d Ed. In re Rollaguard Sec., LLC ,
591 B.R. 895 , 911 (Bankr. S.D. Fla. 2018) (quoting In re Harwell ,
628 F.3d 1312 , 1322 (11th Cir. 2010) ). Fla. Stat. §§
56.29 (3), (6), and
726.108(1), (2)....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Nov 18, 2022
...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 damages against the trans-
feror, (2) punitive damages, or (3) attorney’s fees....
...emedy, Welch and
WLF. As to the other remedy sought by SEPH—an award of
money damages against the transferor, Neverve—the court found
it was unavailable under FUFTA’s “catch-all” provision in Florida
Statute § 726.108(1)(c)3., which provides that a creditor may ob-
tain, “[s]ubject to the applicable principles of equity and in accord-
ance with applicable rules of civil procedure[,] ....
...business or transaction; or
2. Intended to incur, or believed or reasonably should
have believed that he or she would incur, debts be-
yond his or her ability to pay as they became due.
Florida Statute §
726.108 provides the following creditors’
remedies under FUFTA:
(1) In an action for relief against a transfer or obliga-
tion under [§§]
726.101-726.112, a creditor, subject to
the limitations...
...e court so orders,
may levy execution on the asset transferred or its pro-
ceeds.
(Emphasis added).
And Florida Statute §
726.109, which establishes certain lim-
itations to the remedies in section
726.108(1)(a), provides in rele-
vant part:
(2) Except as otherwise provided in this section, to the
extent a transfer is voidable in an action by a creditor
under [§]
726.108(1)(a), the creditor may recover
judgment for the value of the asset transferred, as ad-
justed under subsection (3), or the amount necessary
to satisfy the creditor’s claim, whichever is less....
...-11736
1. Money Judgment Against a Transferor
SEPH contends that FUFTA permits a creditor to recover a
monetary judgment against a transferor through the statute’s
“catch-all” provision in section 726.108(1)(c)3., which provides, in
relevant part, that a creditor may obtain “[a]ny other relief the cir-
cumstance may require.” Of course, SEPH already holds a mone-
tary judgment against Neverve, which is what...
...But we conclude that the plain lan-
guage of the statute and the relevant Florida case law on FUFTA
amount to a “strong indication” that the Florida Supreme Court
would not find an award of money damages against the transferor
permissible under section
726.108, including its catch-all provision.
See Chepstow,
381 F.3d at 1086.
Beginning with section
726.108, the statute provides certain
remedies to a creditor bringing a claim under FUFTA. First, the
creditor can seek avoidance of the fraudulent transfer. Id.
§
726.108(1)(a)....
...Second, the creditor can seek an attachment
USCA11 Case: 21-11736 Document: 40-1 Date Filed: 04/11/2023 Page: 15 of 30
21-11736 Opinion of the Court 15
against the transferred asset (or other property of the transferee).
Id. § 726.108(1)(b)....
...junction against further disposition of the asset by either the debtor
or transferee; (2) appointment of a receiver with respect to the asset
(or other property of the transferee); or (3) “[a]ny other relief the
circumstances may require.” Id. §
726.108(1)(c) (emphasis added).
The only part of FUFTA that expressly addresses monetary
judgments and that is relevant here is section
726.109, which estab-
lishes certain limitations on the remedies provided for in section
726.108. Section
726.109(2) provides that, when a transfer is void-
able by a creditor under section
726.108(1)(a), the creditor may re-
cover a money judgment that may be entered against either (1)
“[t]he first transferee of the asset or the person for whose benefit
the transfer was made” or (2) “[a]ny subseque...
...lable under the
Employment Retiring Income Security Act). Critically here, sec-
tion
726.109(2) does not authorize a money judgment to be entered
against the transferor or debtor when seeking to avoid a transfer
under section
726.108(1)(a). Rather, the statute authorizes mone-
tary judgments only against transferees.
By contrast, the only remedies against a transferor or debtor
expressly authorized by section
726.108(1) are avoidance of the
transfer (which the district court found was unavailable here be-
cause it lacked personal jurisdiction over Welch and WLF) and in-
junctive relief to prevent a debtor from further dissipating the
transferred asset. Id. §§
726.108(1)(a),
726.108(1)(c)1. Additionally,
section
726.108(2) specifically addresses the situation where “a
creditor has obtained a judgment on a claim against the debtor” 6;
the statute permits the creditor, subject to court approval, to “levy
execution on the asset transferred or its proceeds.” Thus, section
726.108’s specific authorization of only certain forms of relief
against the transferor or debtor indicates that the creditor cannot
obtain those other statutory remedies that are solely authorized
against the transferee....
...7 of 30
21-11736 Opinion of the Court 17
[the statute] not to permit self-insured motorist policy exclu-
sions.”).
We also conclude that the catch-all provision in section
726.108(1)(c)3. does not encompass money judgments against the
transferor for several reasons. First, the other two remedies ex-
pressly provided for by section 726.108(1)(c) are equitable reme-
dies—an injunction and the appointment of a receiver—and the
catch-all provision follows these two remedies....
...Second, our analysis of the statute’s plain text finds support
in Florida case law. Although FUFTA allows for certain limited
remedies against transferors and third-party beneficiaries of fraud-
ulent transfers, Fla. Stat. § 726.108(1)(a), (1)(c)1., (2), actions under
section 726.108 generally “are brought against a recipient or trans-
feree of assets or property, and not a transferor.” Edwards v....
...18 Opinion of the Court 21-11736
Moreover, in Freeman v. First Union National Bank,
865 So.
2d 1272 (Fla. 2004), the Florida Supreme Court addressed the “nar-
row focus” of section
726.108(1)(c)3....
...in the statute, rather than creating new and independent causes of
action such as aider-abettor liability.” Id. at 1276–77 (emphasis
added). The court thus declined to find such a cause of action in
FUFTA’s catch-all provision in section 726.108(1)(c)3....
...And the Florida Supreme Court emphasized the “narrow
focus of the FUFTA and its limitations.” Id. at 1277.
Interpreting this case law with the plain language of the stat-
ute, we do not believe the Florida Supreme Court would find that
section 726.108(1) contemplates a remedy for a creditor to obtain a
money judgment against the transferor....
...s of money
damages “against both fraudulent transferor and transferee, jointly
and severally.”
183 So. 3d at 1194. But, similar to Hansard, the
court in McCalla did not conduct an in-depth statutory analysis as
to section
726.108—the court simply quoted the statute—nor did
the case discuss the principles set forth in Freeman.
For the reasons we have explained, the text of FUFTA, cou-
pled with the reasoning in Friedman and Fre...
...of the legislature.” Alamo Rent-A-Car, Inc. v. Mancusi,
632 So. 2d
1352, 1358 (Fla. 1994). And turning to the plain language of the
statute, see Levy v. Levy,
326 So. 3d 678, 681 (Fla. 2021); Freeman,
865 So. 2d at 1276, section
726.108 does not contain any language
authorizing punitive damages as a remedy available to a creditor
under FUFTA.
USCA11 Case: 21-11736 Document: 40-1 Date Filed: 04/11/2023 Page: 21 of 30
21-11736 Opinion of the Court 21
As we have discussed above, section
726.108(1)(c)3., when
read in context of subsection (c)’s listed remedies, contemplates
only equitable remedies....
...Ford Motor Co.,
684 F.2d 1355, 1364 (11th Cir. 1982) (explaining
that “punitive damages are legal not equitable remedies”). Addi-
tionally, the only expressly listed remedies available to a creditor
against a transferor or debtor in section
726.108 are (1) an injunc-
tion against further disposition of the transferred asset or (2) to
“levy execution on the asset transferred or its proceeds.”
We also note that it appears that punitive damages ar...
...to judgment, liquidated, unliquidated, fixed, contingent, matured,
unmatured, disputed, undisputed, legal, equitable, secured, or un-
secured.” In turn, when a creditor is seeking avoidance of a fraud-
ulent transfer under section
726.108(1)(a), section
726.109(2) au-
thorizes a money judgment against a transferee but limits that
judgment to “the value of the asset transferred, as adjusted under
subsection (3), or the amount necessary to satis...
...pears that a creditor cannot obtain punitive damages against a
transferor in pursuing a claim under FUFTA. As explained before,
applying the ejusdem generis principle of statutory construction,
the “general” words of the catch-all provision in section
726.108(c)3....
...follows a list of specific equitable remedies, and we
construe the catch-all provisions as applying only to equitable rem-
edies. And punitive damages are not considered “equitable relief”
under Florida law. Furthermore, section 726.108 does not other-
wise authorize an award of punitive damages as a remedy against
the transferor....
...as “[w]ithout punitive damages, nothing other than costs would
deter a debtor from attempting to fraudulently transfer his assets.”
Id. at 1150. We acknowledge the similarities between FUFTA and
Georgia’s UFTA. Compare Fla. Stat. § 726.108, with O.C.G.A.
§ 18-2-77....
...transaction”
or “[i]ntended to incur, or believed or reasonably should have be-
lieved that he or she would incur, debts beyond his or her ability to
pay as they became due.” Fla. Stat. §
726.105(1)(b).
Without FUFTA’s specific remedy provision in section
726.108, it would appear that SEPH could obtain an award of puni-
tive damages against Neverve if the factfinder found Neverve liable
for actual or constructive fraud under section
726.105(1)....
...2d at 1263; Palm Beach Atl.,
928
F.2d at 1547; see also Fla. Stat. §
726.111. But FUFTA contains a
separate provision specifically enumerating a creditor’s remedies
against transferors, and as previously explained, we interpret sec-
tion
726.108(1)(c)3.’s catch-all provision—the provision which
SEPH relies on to claim it can seek punitive damages against
Neverve—to contemplate only equitable remedies, which punitive
damages are not....
...The district court concluded that FUFTA did
not permit recovery of attorney’s fees, noting that another federal
district court in Florida had reached a similar conclusion. SEPH
contends that this was error, asserting that FUFTA’s catch-all pro-
vision, section
726.108(1)(c)3., and section
726.111’s supplementary
provisions permit a creditor to recover attorney’s fees under
FUFTA....
...v.
United States,
850 So. 2d 462, 465 (Fla. 2003)). And “statutory au-
thorization for attorney fees is to be strictly construed.” Sarkis v.
Allstate Ins. Co.,
863 So. 2d 210, 223 (Fla. 2003).
Turning to FUFTA, section
726.108 does not contain an ex-
press fee-shifting provision....
...to obtain such a lien.
SEPH argues that the district court erred because FUFTA
allows for an injunction against a debtor that prevents the debtor
from further disposing of an asset—here, the BP proceeds. See Fla.
Stat. § 726.108(1)(c)1....
