Action To Set Aside Fraudulent Conveyance

33 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Damsky v. Honorable Joseph C. Zavatt
  289 F.2d 46· 2d Cir.· 1961-04-03 ·cited 53×
  The court held that the Seventh Amendment does not require a jury trial for certain tax collection claims, particularly when the taxpayer has no wages or property.
• Punta Gorda State Bank v. Wilder
  93 Fla. 301· Fla.· 1927-02-19 ·cited 32×
  Judgment creditors sought to reach assets fraudulently transferred by their judgment debtor through a creditor's bill in equity. The Florida Supreme Court reversed the trial court's dismissal, holding that when a judgment debtor had legal title to property that was fraudulently c
• Folsom v. Farmers Bank of Vero Beach
  102 Fla. 899· Fla.· 1931-08-11 ·cited 31×
  The Florida Supreme Court upheld the creation of an equitable lien in favor of Farmers Bank against real property when a debtor obtained collateral on the promise to execute a new mortgage but instead conveyed the property to his daughter without consideration. The court held tha
• Virginia-Carolina Chem. Corp. v. Smith
  121 Fla. 720· Fla.· 1935-10-15 ·cited 22×
  Virginia-Carolina Chemical Corporation obtained a judgment against D. C. Smith and sought to reach property in Sumter County that Smith had conveyed to his brother F. D. Smith through supplementary execution proceedings. The Florida Supreme Court reversed because F. D. Smith, a t
• Lovell v. Mixon
  719 F.2d 1373· 8th Cir.· 1983-10-31 ·cited 20×
  Res judicata and collateral estoppel do not bar a bankruptcy court from considering fraudulent transfers in a discharge denial proceeding, even if those transfers were the subject of prior fraudulent conveyance actions.
• H. C. Kirk et ux. v. Howard Jay Edinger et ux.
  380 So. 2d 1336· Fla. 5th DCA· 1980-03-19 ·cited 20×
  The Kirks appealed a judgment dismissing their action to set aside a property conveyance they alleged was fraudulent. The court affirmed the trial court's judgment, holding that while badges of fraud were present, the evidence supported the trial court's finding that the conveyan
• Fed. Deposit Ins. Corp. v. British-American Ins. Co., Ltd.
  828 F.2d 1439· 9th Cir.· 1987-09-29 ·cited 15×
  The court held that the defendant's contacts with California were insufficient to establish personal jurisdiction, as the transaction was fortuitous and lacked purposeful interjection into the forum state.
• Schonfeld v. Engler
  119 Fla. 138· Fla.· 1935-04-25 ·cited 15×
  Minnie Engler sought to set aside real property conveyances to Joe Schonfeld, claiming they were fraudulently made without consideration as part of a separate maintenance action against Jacob Engler. The Florida Supreme Court reversed the trial court's decree voiding the conveyan
• Jacksonville Bulls Football, Ltd. v. Blatt
  535 So. 2d 626· Fla. 3d DCA· 1988-12-13 ·cited 14×
  Jacksonville Bulls Football appealed a trial court judgment that set aside three asset transfers and a consent judgment as fraudulent conveyances designed to hinder collection of a foreign judgment. The Florida appellate court reversed, holding that transfers for adequate cash co
• Graff v. Nieberg
  233 F.2d 860· 7th Cir.· 1956-05-23 ·cited 12×
  The court held that the plaintiff stated a valid claim for a lien and that the district court had jurisdiction, as the defendants waived any objections to venue by their general appearance and motions to dismiss.
• Armour & Co. of Del. v. B. F. Bailey, Inc.
  132 F.2d 386· 5th Cir.· 1942-12-22 ·cited 12×
  The court held that the corporation could not be held liable for the individual's debt, as the conveyance was valid and the corporation was not the individual's alter ego.
• Reel v. Livingston
  34 Fla. 377· Fla.· 1894-06-01 ·cited 11×
  E. J. Reel, a surety on promissory notes executed by J. H. Livingston, paid a judgment obtained against Livingston and sought to recover from property that Livingston had transferred to his wife. The Florida Supreme Court reversed the lower court's dismissal, holding that a suret
• Landers Frary & Clark v. Vischer Prods. Co.
  201 F.2d 319· 7th Cir.· 1953-01-22 ·cited 10×
  A creditor can maintain an action for declaratory judgment and coercive relief to set aside fraudulent transfers of assets, even if the debt is not yet due and before obtaining a judgment and execution.
• Solomon F. Shad v. Livingston
  31 Fla. 89· Fla.· 1893-01-01 ·cited 10×
  In this mortgage foreclosure case, the Florida Supreme Court affirmed a decree holding that a bill of sale, absolute on its face, constituted a valid mortgage when executed in connection with a loan. The court rejected the debtor's claim that the instrument was merely nominal and
• Gardner v. Johnson
  195 F.2d 717· 9th Cir.· 1952-03-22 ·cited 8×
  A bankrupt waives their right to a homestead exemption by failing to schedule the property and by conveying it, even if the conveyance is later set aside as fraudulent.
• United States Fid. & Guar. Co. v. Mills
  146 F.2d 694· 4th Cir.· 1944-12-18 ·cited 6×
  Parol evidence is admissible to establish a resulting trust, even if it contradicts the deed, to show that a conveyance was not fraudulent as to creditors.
• Denning v. Denning
  283 F.2d 748· 10th Cir.· 1960-11-01 ·cited 5×
  The court held that the plaintiff's failure to effectively contest the garnishee's answer within the statutory period rendered the answer conclusive, barring a subsequent action to set aside the conveyance.
• In re Muncrief v. MT. Prospect State Bank
  900 F.2d 1220· 8th Cir.· 1990-04-09 ·cited 4×
  The court held that the district court's finding of debtor insolvency was not clearly erroneous, and the bankruptcy court clearly erred in finding the debtor solvent.
• Halle v. Meinhard Bros. & Co.
  34 Fla. 607· Fla.· 1894-06-01 ·cited 4×
  This case involves a mercantile firm suing a married woman and her husband for goods sold on her credit and the credit of her separate property. The court affirmed the lower court's decision to overrule a demurrer, holding that a married woman's separate property is equitably cha
• United States v. McMAHAN
  556 F.2d 362· 5th Cir.· 1977-07-25 ·cited 2×
  The court held that a taxpayer is not entitled to a jury trial to determine if they are a responsible officer for unpaid withholding taxes when the government also seeks to set aside a fraudulent conveyance in the same action. The court also found sufficient evidence to support t
• United States v. Fid. & Deposit Co. of Md.
  214 F.2d 565· 5th Cir.· 1954-07-06 ·cited 2×
  The court held that a bona fide mortgagee's lien is superior to prior federal tax liens when the mortgagee had no notice of the mortgagor's fraudulent conveyance of the property. It also held that federal tax liens do not automatically attach to property fraudulently conveyed bef
• Snider v. Kelly
  135 F.2d 817· D.C. Cir.· 1943-04-26 ·cited 2×
  The court held that a conveyance made without consideration is not automatically void if the parties acted with honest intent and the conveyance does not hinder, delay, or defraud creditors.
• Coconut Grove Exch. Bank v. Fleming Novelty Works
  107 Fla. 1· Fla.· 1932-10-08 ·cited 2×
  Coconut Grove Exchange Bank sought to foreclose on chattel mortgages held by Fleming Novelty Works, but the court upheld the lower court's finding that the mortgages and subsequent assignments lacked valid consideration and were not made in good faith, making them void as to cred
• United States v. Gerads
  999 F.2d 1255· 8th Cir.· 1993-07-26 ·cited 1×
  The court held that the district court correctly granted summary judgment because the taxpayers' arguments were meritless and frivolous.
• Fed. Deposit Ins. Co. v. Malin
  802 F.2d 12· 2d Cir.· 1986-09-23
  A conveyance made pursuant to a separation agreement, even if intended to hinder creditors, cannot be set aside by a judgment creditor if the transferee provided fair consideration and had no knowledge of the fraud at the time of the transfer.
• Fed. Deposit Ins. Corp. v. Davis
  733 F.2d 1083· 4th Cir.· 1984-05-03
  A secured party with an unavoided lien has the right to attack fraudulent conveyances made by the debtor, even after the debtor's bankruptcy case is closed and the trustee has not acted.
• AETNA Cas. & Sur. Co. & Emil Morton v. Pollock
  449 So. 2d 1289· Fla. 3d DCA· 1984-03-27
  The court held that the Bank satisfied its obligations under the second judgment by delivering a quit-claim deed, and therefore the supersedeas bond should not be used to satisfy the prior money judgment.
• Faber Cement Block Co., Inc. v. Pauless Realty Corp. & Suffern Bldg. Supply Co., Inc.
  425 F.2d 223· 2d Cir.· 1970-04-20
  The court held that the federal district court properly dismissed the action because the New York state court where the assignment for the benefit of creditors was filed has exclusive jurisdiction.
• Kinas v. Joycia Apts., Inc.
  21 Fla. Supp. 147· Dade Cty. Cir. Ct.· 1962-09-14
  A Panamanian corporation holding a deficiency judgment against Silverman brought a creditor's bill to reach stock in a Florida corporation pledged to Tomback as security for a lease. The court set aside Tomback's fraudulent forced sale of the pledged shares, finding that Tomback
• Newell R. Hays v. W. B. Darden in Bankr. of Tri-State Constr. Co.
  284 F.2d 932· 10th Cir.· 1960-11-09
  The court held that the trustee could recover the reasonable value of fraudulently transferred property, less offsets for valid liens discharged by the transferee, but not also recover for the use value of that property.