![]() Nonetheless, while not a Chapter 726 action, judgment creditors may still be able to recover attorney’s fees through the use of proceedings supplementary. 2004) (holding FUFTA does not create an independent cause of action for aiding-abetting). Indeed, this is supported by the Florida Supreme Court’s narrow interpretation of the catchall provision. 2012) (holding § 726.108 does not provide a sufficient basis for attorney’s fees). ![]() Irrespective of this seemingly broad provision, Florida courts have held FUFTA does not authorize the recovery of attorney’s fees. However, section 726.108(1)(c)3, Florida Statutes, otherwise known as the “catchall provision,” authorizes courts to grant “ny other relief the circumstances may require.” Fla. There is no statutory fee provision in Chapter 726 for fraudulent transfer actions. Attorney’s Fees Under Florida’s Uniform Fraudulent Transfer Act Therefore, in fraudulent conveyance actions, creditors have two sources that potentially provide for a right to attorney’s fees: FUFTA and the parties’ borrower agreement. Florida law follows this rule as “each party generally bears its own attorneys’ fees unless a contract or statute provides otherwise.” United States v. Regardless of the outcome, the American rule on attorney’s fees requires parties compensate their own attorneys. ![]() However, while FUFTA provides creditors with various, nonexclusive remedies, do these remedies cover attorneys’ fees incurred because of post-judgment collection actions? Contrary to FUFTA’s remedial goal of putting the creditor back in the same position it would have been, but for the fraudulent transfer, Florida courts do not generally allow recovery for attorney’s fees under the Act. ![]() Jimerson’s blog post on the various remedies under FUFTA, Remedies for Creditors Under FUFTA Chapter 726 – Part I: Who May Be Liable.
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