4 See Fla. Stat. §726.105(1)(b)(1) and (2); UFTA §(4)(a)(i) and (ii); see also §726.106, which provides similar modes proving a fraudulent transfer (as to present, but not future, creditors). 5 In re Vilsack, 356 B.R. 546, 553 (Bankr. S.D. Fla. 2006). All states have adopted some form of the UFTA (or its successor, the Uniform Voidable Transactions Act) and courts routinely look to other states and to analogous provisions under the Federal Bankruptcy Code to interpret provisions of the act. See ASARCO LLC v. Americas Mining Corp., 396 B.R. 278, n.49, citing Creditor’s Comm. of Jumer’s Castle Lodge, Inc. v. Jumer, 472 F.3d 943, 947 (7th Cir. 2007); In re W.R. Grace & Co., 281 B.R. 852, 857 (Bankr. D. Del. 2002) (stating the court could seek guidance from cases interpreting similarly worded statutes, like the Bankruptcy Code); see also In re Tower Envtl., Inc., 260 B.R. 213, 222 (Bankr. M.D. Fla. 1998) (noting that Florida UFTA statutes are similar in form and substance to their bankruptcy analogs and stating that it is, thus, “appropriate to analyze the similar provisions of the state statutes and [the Bankruptcy Code] contemporaneously”). As such, we look to multiple states and bankruptcy courts in attempting to predict how a particular court might interpret provisions under the Florida act. 6 See In re Advanced Telecommunication Network, Inc., 490 F.3d 1325, 1336 (11th Cir. 2007) (“[R]easonably equivalent value does not demand a precise dollar-for-dollar exchange.”). 7 See In re 3dfx Interactive, Inc., 389 B.R. 842, 862 (Bankr. N.D. Cal. 2008), subsequently aff’d sub nom., In re 3DFX Interactive, Inc., 585 F. App’x 626 (9th Cir. 2014); see also In re Vilsack, 356 B.R. at 553 (internal quotations omitted) (stating factors courts consider, including “good faith of the parties, the disparity between the fair value of the property and what the debtor actually received, and whether the transaction was at arm’s length”). 8 See, e.g., In re 3DFX Interactive, Inc., 389 B.R. at 863; First Fed. Sav. & Loan Ass’n of Galion, Ohio v. Napoleon, 428 Mass. 371, 378, 701 N.E.2d 350, 354 (1998); In re Rodriguez, 895 F.2d 725, 727-729 (11th Cir. 1990). 9 See In re Rodriguez, 895 F.2d at 727-729 (“The purpose of voiding transfers unsupported by reasonably equivalent value is to protect creditors against the depletion of a bankrupt’s estate.”) (internal quotations omitted). 10 See Fla. Stat. §726.103(1). 11 Paragon Health Services, Inc. v. Cent. Palm Beach Cmty. Mental Health Ctr., Inc., 859 So. 2d 1233, 1237 (Fla. 4th DCA 2003). 12 See In re TOUSA, Inc., 422 B.R. 783, 858 (Bankr. S.D. Fla. 2009) (citing several courts), quashed in part, 444 B.R. 613 (S.D. Fla. 2011), aff’d in part, rev’d in part, 680 F.3d 1298 (11th Cir. 2012). 13 In re Sierra Steel, Inc., 96 B.R. 275, 278 (B.A.P. 9th Cir. 1989). 14 Id. 15 In re Advanced Telecommunication Network, Inc., 490 F.3d at 1335. 16 See Matter of Xonics Photochemical, Inc., 841 F.2d 198, 200 (7th Cir. 1988).
17 Hamilton Greens, 2016 WL 3365270 at 9.