Actual Intent To Hinder, Delay, Or Defraud

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

• Amjad Munim, M.D., P.A. v. George Azar, M.D.
  648 So. 2d 145· Fla. 4th DCA· 1994-08-24 ·cited 62×
  Dr. Azar was wrongfully terminated by his employer, Dr. Munim's professional association (Munim, P.A.), sixteen days before earning a substantial bonus at the end of the second year of a three-year employment contract. The court affirmed the finding of breach and awarded damages,
• Nationsbank, N.A. v. Coastal Utils., Inc.
  814 So. 2d 1227· Fla. 4th DCA· 2002-05-01 ·cited 18×
  NationsBank, as a judgment creditor against Michael Iacobelli, sought to recover funds that Iacobelli's wife Patricia Maczko withdrew from a joint tenancy account. The court reversed summary judgment for Maczko, holding that factual issues remain regarding whether the withdrawal
• Pollizzi v. Craig Paulshock, M.D.
  52 So. 3d 786· Fla. 5th DCA· 2010-12-30 ·cited 12×
  Dr. Paulshock obtained a judgment against Davenport Anesthesiology Associates and thereafter sought to hold three physician-shareholders liable for fraudulent transfer of corporate funds through supplementary proceedings. The court affirmed the liability finding but reversed the
• Joseph Cohen in Bankr. of N.Y. Invs. Mut. Grp., Inc. v. Sutherland
  257 F.2d 737· 2d Cir.· 1958-07-30 ·cited 12×
  The court held that the trustee failed to prove insolvency at the time of the transfer, that the consideration was fair, and that the defendant acted in good faith, thus affirming the dismissal of the complaint.
• Yusem v. S. Fla. Water Mgmt. Dist.
  770 So. 2d 746· Fla. 4th DCA· 2000-11-08 ·cited 10×
  Henry and Judith Yusem appealed a judgment awarding South Florida Water Management District $210,000 based on alleged fraudulent conveyance of settlement funds. The court reversed, holding that Judith Yusem cannot be held liable as a transferee because she had no knowledge of the
• Mane FL Corp v. Cale Beckman
  355 So. 3d 418· Fla. 4th DCA· 2023-01-04 ·cited 8×
  The appellate court affirmed a summary judgment ruling that a transfer of a condominium unit to Mane FL Corp. was a fraudulent transfer under Florida's Uniform Fraudulent Transfer Act. The court found that seven "badges of fraud" supported the conclusion that the transfer was mad
• Ralph E. Williams in Bankruptcy of the Estate of George F. Elliff v. Twin City Co.
  251 F.2d 678· 9th Cir.· 1958-01-06 ·cited 7×
  The court held that the transaction, including the promissory note and trust agreement, was not fraudulent as against creditors under Section 67(d) of the Bankruptcy Act because there was fair consideration, and the finding of no actual intent to hinder, delay, or defraud was not
• Huntsman Packaging Corp. v. Kerry Packaging Corp.
  992 F. Supp. 1439· M.D. Fla.· 1998-02-03 ·cited 6×
  The court held that the transfer of Kerry's assets was a fraudulent transfer under Florida law because it was done with actual intent to defraud creditors and for less than reasonably equivalent value, and that the defendants engaged in civil conspiracy to effectuate this fraudul
• Grant M. Prisbrey in Bankruptcy of the Estate of DeWayne Iverson v. Noble
  505 F.2d 170· 10th Cir.· 1974-11-05 ·cited 6×
  The court held that the transfer of stock was voidable as a fraudulent transfer and a preference, and the trustee succeeded to the rights of a bona fide purchaser for the benefit of the estate.
• In re S. Land Title Corp.
  474 F.2d 1033· 5th Cir.· 1973-03-19 ·cited 6×
  The court held that the sale of the 225 Baronne Building was not a voidable preference under the Bankruptcy Act or Louisiana law, as it was made for fair consideration and in good faith.
• Gorrin Jr. v. Poker Run Acquisitions, Inc.
  237 So. 3d 1149· Fla. 3d DCA· 2018-01-31 ·cited 5×
  Summary judgment in fraudulent transfer cases is available only in extraordinary circumstances and is improper when genuine issues of material fact exist concerning the debtor's intent. The determination of credibility and the weighing of conflicting evidence is for the trier of
• Australia Mejia v. Ruiz
  985 So. 2d 1109· Fla. 3d DCA· 2008-05-14 ·cited 4×
  Australia Mejia appeals the denial of her claim in supplementary proceedings against two shareholders of a judgment debtor corporation that had sold all its assets and distributed proceeds to themselves after being served with her lawsuit. The court reverses, finding that the ass
• Zaki Kulaibee Establishment v. McFLICKER
  788 F. Supp. 2d 1363· S.D. Fla.· 2011-04-25 ·cited 3×
  The court held that genuine issues of material fact preclude summary judgment on several breach of contract claims, including failure to pay amounts owed, failure to provide documentation (as to damages), failure to pay out insurance proceeds, inflated warehouse costs, sham trans
• Woodell v. Transflorida Bank
  717 So. 2d 108· Fla. 4th DCA· 1998-08-26 ·cited 2×
  Appellants who obtained judgments against debtors appealed the dismissal of their complaint alleging that TransFlorida Bank and related entities fraudulently conspired to hide the judgment debtors' assets through real estate transactions. The court reversed the dismissal on fraud
• Macro Elecs. Corp. v. Biotech Restorations of Fla. LLC
  M.D. Fla.· 2024-09-16
  The court held that the amended complaint sufficiently alleged facts to withstand a motion to dismiss for failure to state a claim under Florida's Uniform Fraudulent Transfer Act (FUFTA).
• United States v. Williams
  M.D. Fla.· 2023-06-16
  The court granted summary judgment for the United States, holding that federal tax liens attach to all of Williams' property, including the Sanibel Property, and that Williams owes the assessed tax liabilities, penalties, and interest.
• ADA Turkish Trask 2005 Tr. No. ONE v. Turkish
  Fla. 3d DCA· 2022-05-04
  A judgment creditor appealed the dismissal of a fraudulent transfer action brought under Florida's Uniform Fraudulent Transfers Act. The trial court dismissed the claim as time-barred under section 726.110, which imposes a four-year limitations period from the date of transfer. T
• Plaintiff v. Farley
  Del. Ch.· 2019-01-23
  The appellate court affirmed the trial court's grant of a preliminary injunction, finding that the plaintiff corporation demonstrated a reasonable probability of success on the merits regarding claims of breach of fiduciary duty of loyalty and fraudulent transfer, an imminent thr
• Nat'l Mar. Servs., Inc. v. Straub
  1992 WL 92773· S.D. Fla.· 2013-10-24
  The court held that the transfer of vessel sale proceeds from Burrell to Straub was a fraudulent conveyance under Florida law, allowing National Maritime to recover the judgment amount.
• Kapila v. Plave
  1997 U.S. Dist. LEXIS 21749· S.D. Fla.· 1997-08-26
  The bankruptcy court's findings of fact and conclusions of law are reversed because the trustee established a prima facie case of fraudulent transfer, and the matter is remanded for trial.
• Gass v. Comreal Miami Inc.
  653 So. 2d 1069· Fla. 3d DCA· 1995-04-12
  The court held that the trial court erred in entering a final judgment against Victoria Gass based on a fraudulent transfer finding, as there was insufficient evidence to support it.
• In re WES DOR v. Sec. Pac. Bus. Credit, Inc.
  996 F.2d 237· 10th Cir.· 1993-06-18
  The court held that the Bank, as a transferee of a fraudulent transfer, is liable for the amount of the transfer less any value it extended to the Debtor, which is limited to the direct benefit the Debtor received from loans extended to its parent.