Antecedent Debt

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

• Yeager v. The Summit Grp. OF Cent. Fla., Inc.
  654 So. 2d 189· Fla. 5th DCA· 1995-04-13
  Yeager, a commercial landlord, sued Bradshaw and his corporation Summit after Summit breached a lease and dissolved. The court held that Bradshaw, as an insider, received fraudulent transfers when Summit's checks were deposited into his account after the corporation became insolv
• 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.
• In re Prejean v. Robertson
  994 F.2d 706· 9th Cir.· 1993-06-02
  The court held that the payment of a partially time-barred debt can still constitute 'reasonably equivalent value' under California's Uniform Fraudulent Transfer Act, preserving prior case law.
• Stoumbos v. Whitesides
  988 F.2d 949· 9th Cir.· 1993-03-09
  The court held that Kilimnik's security interest was limited to assets owned on May 1, 1982, except for after-acquired inventory securing working capital advances, and that his transfer of vehicles and withdrawal from the LAMA were improper.
• In re Hesser v. Gen. Motors Acceptance Corp.
  984 F.2d 345· 10th Cir.· 1993-01-19
  The court held that state law, as incorporated by 11 U.S.C. § 547(e)(1)(B), determines the date of perfection of a security interest for preference purposes, and that perfection on the date of the security agreement's execution prevents the debt from being antecedent.
• Hobby BOX IV, Inc. v. Associated Indep. Distribs., Inc.
  560 So. 2d 1382· Fla. 5th DCA· 1990-05-10
  Hobby Box IV and related entities appealed the issuance of prejudgment writs of replevin in favor of their distributor AID. The court affirmed, holding that the franchise operations were part of a unified Hobby Box operation controlled by Barry Taylor, and thus were liable for th
• Lewis v. Thomas J. and Linda M. Diethorn
  893 F.2d 648· 3d Cir.· 1990-01-12
  The court held that the payment made by the debtor to the defendants was not an avoidable preferential transfer because it was a contemporaneous exchange for new value and also satisfied an equitable lien under state law.
• Nat'l Labor Relations Bd. v. Martin Arsham Sewing Co.
  882 F.2d 216· 6th Cir.· 1989-08-15
  A corporation does not receive a discharge in bankruptcy; the trustee is discharged and the proceeding closed, allowing creditors to pursue nondisclosed assets.
• In re Cohen v. V.W. Barge, III
  875 F.2d 508· 5th Cir.· 1989-06-19
  Payments to an investor in a Ponzi scheme that represent fictitious profits are not preferential transfers under 11 U.S.C. § 547(b), but payments up to the amount of the investor's principal investment can be.
• In re Billings v. Avco Colo. Indus. Bank
  838 F.2d 405· 10th Cir.· 1988-01-27
  Refinancing a purchase money loan does not automatically extinguish the creditor's purchase money security interest if the parties did not intend to extinguish the original debt.
• 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.
• European Asian Bank v. G. Crohn & Co.
  769 F.2d 93· 2d Cir.· 1985-07-31
  The court held that the bank was a holder in due course because it gave value by applying the credit from the bill of exchange to the seller's antecedent debts, and it could not unilaterally reverse this credit.
• Clay v. Traders Bank OF Kan. City
  737 F.2d 765· 8th Cir.· 1984-06-28
  The court affirmed the trial court's determination that the $125,000 debt was an antecedent debt of the debtor corporation.
• Great Am. Mgmt. & Inv. v. Fowler
  430 So. 2d 545· Fla. 2d DCA· 1983-04-29
  Great American Management and Investment appealed a judgment ruling that Fowler, White's law firm lien on Skyway Development Corporation's property was superior to Great American's mortgage lien. The appellate court reversed, holding that the law firm was not a bona fide purchase
• United States v. Cahall Bros.
  674 F.2d 578· 6th Cir.· 1982-04-06
  The court held that the case must be remanded to determine when the FHA gave value for its security interest and to reassess the reasonableness of repossession expenses due to insufficient factual basis.
• Data Lease Fin. Corp. v. Foremost Ins. Co.
  389 So. 2d 1087· Fla. 4th DCA· 1980-11-05
  Data Lease Financial Corp. appealed a summary judgment in favor of Foremost Insurance Company regarding an alleged antecedent debt. The court affirmed the summary judgment, clarifying that while inconsistent defenses may be alleged, the defendant failed to create a genuine issue
• Paul L. Hanes in Bankr. of Television Prods. Int'l, Inc. v. Crown Camera Sales, Inc.
  468 F.2d 1318· 5th Cir.· 1972-11-07
  The court held that the September 11th letter did not constitute a legal or equitable assignment, and therefore the subsequent payments were preferential transfers for an antecedent debt under the Bankruptcy Act.
• Ala. Credit Corp. v. Deas
  417 F.2d 135· 5th Cir.· 1969-10-07
  The court held that the trial court did not err in denying a money judgment against Pat Crim and in finding that the conveyance of farm land was not a fraud on creditors, as adequate consideration was provided and no fraudulent intent was proven.
• Hoffman v. First Nat'l Bank of Pompano Beach
  392 F.2d 202· 5th Cir.· 1968-03-26
  The court held that the district court was not clearly erroneous in finding no voidable preference under Section 60(a) of the Bankruptcy Act, but remanded for further proceedings regarding the effect of Florida law under Section 70(e).
• In re Peoples Mktg. Corp. v. Hackman
  347 F.2d 398· 7th Cir.· 1965-06-01
  The court held that Genesco's actions after discovering potential fraud did not constitute a rescission of the sales contract, thus affirming the lower court's decision.
• Blackwelder v. D'Ercole Enters., Inc.
  148 So. 2d 721· Fla. 3d DCA· 1963-01-22
  In this second appeal, the Florida District Court of Appeal reversed the lower court's dismissal of Mary Louise Blackwelder's suit seeking to enforce a deed to three lots as a mortgage. The court held that a $20,000 advance made on November 13, 1956 with a contemporaneous agreeme
• Whitefish Lumber Co. v. Indus. Supply Co.
  296 F.2d 136· 9th Cir.· 1961-11-02
  The court held that a chattel mortgage, whose renewal affidavit had expired, constituted a preferential transfer under the Bankruptcy Act because it was not perfected against subsequent liens.
• In re Washburn & Daudelin v. Washburn & Daudelin
  268 F.2d 279· 2d Cir.· 1959-06-30
  The court held that the mortgage was a voidable preference because the debtor was insolvent and the creditor had reasonable cause to believe so.
• Nat'l Disc. Corp. v. Tyson
  247 F.2d 18· 4th Cir.· 1957-08-01
  The court held that the finance company's repossession of chattels constituted a preferential transfer under the Bankruptcy Act because the chattel mortgages were not recorded until shortly before bankruptcy, making them ineffective against subsequent creditors until recording.
• Engstrom v. Benzel
  191 F.2d 689· 9th Cir.· 1951-06-29
  The court held that the payment of a check, even if delayed and falling within the four-month preference period, did not constitute an unlawful preference because the transaction was a cash sale and not intended to create a debtor-creditor relationship.
• Hamaker v. Heffron (two cases)
  148 F.2d 981· 9th Cir.· 1945-02-28
  The court held that the wife's transfers of her separate property were not fraudulent as to the bank because the bank was not her creditor at the time of the transfers, and that the husband's art was properly found to be part of his estate transferred in fraud of creditors.
• Arnau v. First Nat'l Bank of Fla.
  36 Fla. 398· Fla.· 1895-06-01
  Four defendants appealed judgments from a referee in assumpsit cases brought by the First National Bank of Florida on promissory notes. The court affirmed all four judgments, holding that the bank was an innocent holder without notice of negotiable notes before maturity and thus