Ruwe v. Itria Ventures LLC
In a post-judgment collection proceeding, the Third District affirmed summary judgment finding that a judgment debtor's $50,000 payment to an impleaded transferee covering the security deposit and six months' rent for a home leased to the debtor principal's family member was a constructively fraudulent transfer under section 726.106(1). The court held the debtor received no reasonably equivalent value, and that FUFTA's section 726.109(1) 'good faith' transferee defense is unavailable against a constructive-fraud claim.
Key facts
- Judgment creditor sued to recover a $50,000 payment made by judgment debtor to an impleaded transferee for security deposit and six months' rent on a home leased to the debtor principal's family member.
- Trial court granted summary judgment finding the transfer was constructively fraudulent under section 726.106(1) because the debtor received no reasonably equivalent value.
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Why it matters
The opinion supplies a clean, citable rule that FUFTA's good-faith transferee defense under section 726.109(1) is limited to actual-fraud claims and cannot defeat a constructive-fraud claim under section 726.106(1)… — full analysis with a trial
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