Loading chat...
FL H1159
Bill
Status
5/5/2017
Primary Sponsor
Civil Justice and Claims Subcommittee
Click for details
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