Action To Set Aside Fraudulent Transfer

15 Florida cases classified under this topic · sorted by citation count · browse and sort

• Snellgrove v. N.F. Fogazzi
  616 So. 2d 527· Fla. 4th DCA· 1993-03-24 ·cited 6×
  The court reversed a summary judgment dismissing a fraudulent transfer claim, holding that the Florida Uniform Fraudulent Transfer Act (FUFTA) cannot be applied retroactively to transfers made before its January 1, 1988 effective date. The issue was whether FUFTA's statute of lim
• Brady v. Games
  128 F.2d 754· D.C. Cir.· 1942-06-08 ·cited 6×
  The court held that the allegations of fraud in the transfer were sufficient and that the evidence supported the jury's finding of fraudulent intent, but modified the judgment to avoid the transfer only as against the appellee.
• In re Automated Bus. Sys., Inc. v. United States
  642 F.2d 200· 6th Cir.· 1981-03-11 ·cited 4×
  A transferee who accepts payment from a transferor without knowledge of the transferor's intent to defraud creditors must not return the payment if the transferee acted in good faith and without collusion.
• United States v. Perry
  473 F.2d 643· 5th Cir.· 1973-01-08 ·cited 4×
• Schaller v. Bruce N. Balk, A.I.A., P.A.
  708 So. 2d 299· Fla. 2d DCA· 1998-02-25 ·cited 2×
  The court held that a prior judgment determining the property's status, which predated the homestead claim, precluded relitigation of the homestead issue.
• Real Est. Corp. OF Fla., N.V. v. Dawn Developers, Inc.
  677 So. 2d 366· Fla. 5th DCA· 1996-07-05 ·cited 2×
  The court held that a settlement agreement in a bankruptcy proceeding did not bar a creditor's claim to set aside a fraudulent transfer from a non-party debtor.
• United States v. Wurdemann
  663 F.2d 50· 8th Cir.· 1981-11-04 ·cited 2×
  The court held that the United States is not bound by state statutes of limitation and that the district court's finding of fraudulent transfer was supported by substantial evidence and not clearly erroneous.
• United States v. Mitchell
  413 F.2d 181· 7th Cir.· 1969-07-11 ·cited 2×
  The court held that the government properly assessed cabaret excise taxes and income tax deficiencies based on net worth analysis, and that the taxpayers' transfer of real estate was void as fraudulent against the government.
• United States v. Kensington Shipyard & Drydock Corp.
  187 F.2d 709· 3d Cir.· 1951-03-02 ·cited 2×
  The court held that the district court had discretion in distributing the fund and did not abuse it by ordering the fund turned over to the primary receiver, and that vacation pay claims should be treated as administrative expenses of a single, continuous receivership.
• Cruise & Resorts Int'l v. Endacott
  785 So. 2d 666· Fla. 3d DCA· 2001-05-09
• United States v. Gosnell
  961 F.2d 1518· 10th Cir.· 1992-04-21
  The court held that the taxpayer failed to meet his burden of proof to challenge the tax deficiency determination and that the transfer of property was fraudulent, allowing foreclosure of tax liens.
• Verone Marin Fehlhaber v. Fehlhaber
  502 So. 2d 33· Fla. 3d DCA· 1987-01-20
  A former spouse who obtained a California judgment against a deceased former husband sought to pursue fraudulent transfer claims against assets placed in a revocable trust and transferred to his subsequent wife. The court affirmed dismissal, holding that by accepting a money judg
• In re Lynn v. Edgar and William H. Edgar
  617 F.2d 1171· 5th Cir.· 1980-05-29
  A party waives objection to a bankruptcy court's summary jurisdiction if not raised in a timely motion or answer, and this waiver cannot be revived by a subsequent amendment.
• Arnold v. Cleo P. King in Bankruptcy of James C. Bookey, Sr.
  236 F.2d 877· 9th Cir.· 1956-08-27
  The court held that the referee had summary jurisdiction because the adverse claims were colorable, the transfer of assets violated the Bulk Sales Act, and the new entity was a continuation of the bankrupt business to conceal assets.
• Rosenberg v. Goodman
  185 F.2d 235· 7th Cir.· 1950-11-17
  The court held that the plaintiff failed to establish that the decedent transferred stock while insolvent with intent to defraud creditors, and therefore the judgment of the District Court is affirmed.