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FL H1159

Bill

Status

Failed

5/5/2017

Primary Sponsor

Civil Justice and Claims Subcommittee

Click for details

Origin

House of Representatives

2017 Regular Session

AI Summary

CS/HB 1159 - Uniform Voidable Transactions Act

  • Renames Chapter 726, Florida Statutes from "Fraudulent Transfers" to "Voidable Transactions" and revises the short title accordingly.

  • Revises definitions and removes the specific insolvency test for partnerships under s. 726.103, instead placing the burden of proving insolvency on debtors who are generally not paying debts as they become due.

  • Imposes the burden of proving claim elements on creditors seeking relief under s. 726.105 and s. 726.106 by preponderance of evidence, with creditors responsible for establishing voidable transfer or obligation elements.

  • Clarifies that transfers resulting from entity formation or conversion are not presumptively voidable and that charitable contributions meeting specified conditions are not fraudulent transfers.

  • Creates new provisions addressing series organizations as separate persons under the chapter, governing law based on debtor location, and modifying application of federal Electronic Signatures in Global and National Commerce Act; effective July 1, 2017.

Legislative Description

Uniform Voidable Transactions Act

Last Action

Died in Judiciary Committee

5/5/2017

Committee Referrals

Judiciary3/31/2017
Civil Justice and Claims Subcommittee3/6/2017

Full Bill Text

No bill text available