Florida Statutes
Chapter 222 - Method of Setting Apart Homestead and Exemptions
222.30 - Fraudulent Asset Conversions.


(1) As used in this section, “conversion” means every mode, direct or indirect, absolute or conditional, of changing or disposing of an asset, such that the products or proceeds of the asset become immune or exempt by law from claims of creditors of the debtor and the products or proceeds of the asset remain property of the debtor. The definitions of chapter 726 apply to this section unless the application of a definition would be unreasonable.
(2) Any conversion by a debtor of an asset that results in the proceeds of the asset becoming exempt by law from the claims of a creditor of the debtor is a fraudulent asset conversion as to the creditor, whether the creditor’s claim to the asset arose before or after the conversion of the asset, if the debtor made the conversion with the intent to hinder, delay, or defraud the creditor.
(3) In an action for relief against a fraudulent asset conversion, a creditor may obtain:
(a) Avoidance of the fraudulent asset conversion to the extent necessary to satisfy the creditor’s claim.
(b) An attachment or other provisional remedy against the asset converted in accordance with applicable law.
(c) Subject to applicable principles of equity and in accordance with applicable rules of civil procedure:
1. An injunction against further conversion by the debtor of the asset or of other property.
2. Any other relief the circumstances may require.


(4) If a creditor has obtained a judgment on a claim against the debtor, the creditor, if the court so orders, may levy execution on the asset converted or its proceeds.
(5) A cause of action with respect to a fraudulent asset conversion is extinguished unless an action is brought within 4 years after the fraudulent asset conversion was made.
(6) If an asset is converted and the converted asset is subsequently transferred to a third party, the provisions of chapter 726 apply to the transfer to the third party.
History.—s. 5, ch. 93-256.

Structure Florida Statutes

Florida Statutes

Title XV - Homestead and Exemptions

Chapter 222 - Method of Setting Apart Homestead and Exemptions

222.01 - Designation of Homestead by Owner Before Levy.

222.02 - Designation of Homestead After Levy.

222.03 - Survey at Instance of Dissatisfied Creditor.

222.04 - Sale After Survey.

222.05 - Setting Apart Leasehold.

222.061 - Method of Exempting Personal Property; Inventory.

222.07 - Defendant’s Rights of Selection.

222.08 - Jurisdiction to Set Apart Homestead and Exemption.

222.09 - Injunction to Prevent Sale.

222.10 - Jurisdiction to Subject Property Claimed to Be Exempt.

222.11 - Exemption of Wages From Garnishment.

222.13 - Life Insurance Policies; Disposition of Proceeds.

222.14 - Exemption of Cash Surrender Value of Life Insurance Policies and Annuity Contracts From Legal Process.

222.15 - Wages or Reemployment Assistance or Unemployment Compensation Payments Due Deceased Employee May Be Paid Spouse or Certain Relatives.

222.16 - Wages or Reemployment Assistance or Unemployment Compensation Payments So Paid Not Subject to Administration.

222.17 - Manifesting and Evidencing Domicile in Florida.

222.18 - Exempting Disability Income Benefits From Legal Processes.

222.20 - Nonavailability of Federal Bankruptcy Exemptions.

222.201 - Availability of Federal Bankruptcy Exemptions.

222.21 - Exemption of Pension Money and Certain Tax-Exempt Funds or Accounts From Legal Processes.

222.22 - Exemption of Assets in Qualified Tuition Programs, Medical Savings Accounts, Coverdell Education Savings Accounts, and Hurricane Savings Accounts From Legal Process.

222.25 - Other Individual Property of Natural Persons Exempt From Legal Process.

222.29 - No Exemption for Fraudulent Transfers.

222.30 - Fraudulent Asset Conversions.