Avoidance Of Fraudulent Transfers

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

• Coleman v. Alcock
  272 F.2d 618· 5th Cir.· 1959-12-04 ·cited 25×
  A bankruptcy trustee is not bound by a prior state court judgment against the bankrupt when the trustee asserts rights under Section 70(e) of the Bankruptcy Act, as the trustee represents all creditors and has a status superior to the bankrupt.
• SE Prop. Holdings, LLC v. Neverve LLC
  65 F.4th 1335· 11th Cir.· 2023-04-11 ·cited 23×
  SE Property Holdings obtained a deficiency judgment against Neverve after Neverve defaulted on secured loans, and then sued when Neverve transferred settlement proceeds to attorneys to pay the principal's personal bankruptcy fees rather than apply them to the judgment. The Eleven
• Joe H. Schneider in Bankr. of the Est. of Morgan Ins. Agency, Inc. v. Dutch O'Neal and George A. Toney
  243 F.2d 914· 8th Cir.· 1957-05-14 ·cited 22×
  The court held that while the trustee, standing in the bankrupt's shoes, could not recover illegally paid commissions due to the pari delicto doctrine, the trustee could potentially recover under Section 70(e) of the Bankruptcy Act on behalf of creditors if the transfers were voi
• In re Bundles v. Baker
  856 F.2d 815· 7th Cir.· 1988-08-25 ·cited 19×
  The court held that the sale price at a regularly conducted, noncollusive foreclosure sale is not automatically deemed reasonably equivalent value under section 548(a)(2)(A) of the Bankruptcy Code.
• In re Chase & Sanborn Corp. v. Sanchez
  813 F.2d 1177· 11th Cir.· 1987-04-06 ·cited 16×
  The court held that funds channeled through a debtor corporation's account as part of a scheme to repay a personal debt of the owner were not the property of the debtor, and thus the transfer was not avoidable as fraudulent.
• David G. Gray in Bankruptcy for Jerald M. Snyder v. Snyder
  704 F.2d 709· 4th Cir.· 1983-04-01 ·cited 12×
  The court held that a wife's release of marital support rights can constitute 'value' under 11 U.S.C. § 548, but the validity and "reasonably equivalent value" of such a release must be determined on remand.
• Warner v. Dworsky
  194 F.2d 277· 8th Cir.· 1952-01-29 ·cited 12×
  The court held that the Bankruptcy Act amendment broadened jurisdiction, and the term 'suffered' in § 70(e) allows for avoidance of fraudulent transfers even if not directly made or intended by the bankrupt.
• Edwards v. Airline Support Grp., Inc.
  138 So. 3d 1209· Fla. 4th DCA· 2014-05-28 ·cited 10×
  Edwards, a non-resident, appeals the denial of his motion to dismiss for lack of personal jurisdiction in a Uniform Fraudulent Transfers Act claim. The court reversed, holding that fraudulent transfers are not 'tortious acts' under Florida's long-arm statute and that the complain
• Harpley v. A.G. Edwards & Sons
  268 B.R. 620· M.D. Fla.· 2001-10-15 ·cited 9×
  The court held that 11 U.S.C. § 548(d)(2)(B) does not protect a commodity broker from liability for receiving a fraudulent transfer when the debtor's funds were used for a personal trading account of the debtor's principal, not for the debtor's own benefit or obligation. The cour
• Cohen v. Bucci
  905 F.2d 1111· 7th Cir.· 1990-06-28 ·cited 9×
  A debtor's finding of fraudulent transfer in an avoidance proceeding has preclusive effect in a subsequent discharge denial proceeding, even if the debtor lacked incentive to litigate the initial action.
• In re C.H. Butcher, Jr. v. First Nat'l Bank OF Louisville
  829 F.2d 596· 6th Cir.· 1987-09-23 ·cited 9×
  A bankruptcy court lacks jurisdiction to hear a preferential or fraudulent transfer action if the complaint is not filed within the two-year statute of limitations provided by 11 U.S.C. § 546(a), and Bankruptcy Rule 9006(a) does not extend this period.
• In the Matter of: Bevill v. Spencer Sav. & Loan Ass'n
  878 F.2d 742· 3d Cir.· 1989-06-30 ·cited 8×
  The court held that the pre-petition deliveries of securities in this repurchase agreement context constituted 'settlement payments' protected from avoidance under 11 U.S.C. § 546(f), and that section 559 protects a repo participant's right to liquidate the agreement.
• In re Harbour v. Perkinson
  840 F.2d 1165· 4th Cir.· 1988-03-02 ·cited 8×
  The dissenting judge held that the Perkinsons are entitled to a trial by jury because the trustee's claims, both under federal law for preferences and fraudulent transfers and under state law for voluntary conveyances, are historically legal actions seeking money judgments.
• Peter Barceloux Co. v. Buffum
  61 F.2d 145· 9th Cir.· 1932-09-08 ·cited 7×
  The court affirmed the lower court's decree in part, reversing only the portion that postponed the company's claims and sustained objections to the master's audit regarding specific bank stocks. The court found that equity courts have jurisdiction to render money judgments, that
• Barrett v. Commonwealth Fed. Sav. & Loan Ass'n
  939 F.2d 20· 3d Cir.· 1991-07-12 ·cited 6×
  The court held that the district court correctly upheld the foreclosure sale, finding that the sale price, when considered under the totality of the circumstances and in the context of a foreclosure sale, constituted reasonably equivalent value under 11 U.S.C. § 548(a)(2).
• In re Agric. Research & Tech. Grp., Inc. v. Palm Seedlings Partners-A
  916 F.2d 528· 9th Cir.· 1990-10-09 ·cited 6×
  The court held that transfers made as part of a Ponzi scheme, without reasonably equivalent value and with actual intent to defraud creditors, are avoidable by a bankruptcy trustee.
• In re Ozark Rest. Equip. Co. Inc. Jill R. Jacoway v. Anderson
  850 F.2d 342· 8th Cir.· 1988-06-17 ·cited 6×
  The court held that the bankruptcy court clearly erred in requiring a thirty percent markup for reasonably equivalent value, and that the record supports only a twenty percent markup. The court also affirmed the district court's decision regarding preferences and personal liabili
• In re Torrez v. Torrez
  827 F.2d 1299· 9th Cir.· 1987-09-14 ·cited 6×
  A resulting trust for the benefit of parents who paid for land, but placed title in their children's names to circumvent federal law, is not voided by the illegality of the purpose, especially when the children provided no consideration.
• Milens v. Bostian (two cases)
  139 F.2d 282· 8th Cir.· 1943-12-28 ·cited 6×
  The bankruptcy court lacked summary jurisdiction to order the turnover of estate property held by an administrator, especially when the bankrupt had no possession and the right to the property depended on unsettled state law.
• Rref Snv-Fl SSL, LLC v. Shamrock Storage
  250 So. 3d 788· Fla. 1st DCA· 2018-06-28 ·cited 2×
  A transfer of an asset with no economic value cannot constitute constructive fraud under section 726.106(1) because the debtor cannot receive less than reasonably equivalent value for a valueless asset.
• In re Serra Builders v. John Hanson Sav. Bank FSB
  970 F.2d 1309· 4th Cir.· 1992-06-22 ·cited 2×
  The court held that the district court did not err in dismissing the appeal for failure to timely file the designation of the record, as the appellant's explanation for the delay was insufficient.
• In re Da-Sota Elevator Co. v. FM Da-Sota Elevator Co.
  939 F.2d 654· 8th Cir.· 1991-07-30 ·cited 2×
  The court held that elevator maintenance contracts constitute property interests includible in a bankruptcy estate and that their transfer can be avoided under 11 U.S.C. § 548(a)(2) if for less than reasonably equivalent value.
• Robert F. Anderson in Bankruptcy for Rodney L. Propps v. Fed. Deposit Ins. Corp.
  918 F.2d 1139· 4th Cir.· 1990-11-14 ·cited 2×
  The court held that the waivers of sovereign immunity in the Bankruptcy Code and the Federal Tort Claims Act are not irreconcilable and can be construed harmoniously, allowing the Bankruptcy Code's waiver to apply.
• Rooke v. Reliable Home Equip. Co., Inc.
  195 F.2d 667· 4th Cir.· 1952-04-01 ·cited 2×
  The appeal is dismissed because general creditors lack standing to appeal a bankruptcy court's decision without the trustee's consent or court authorization.
• Taser Int'l, Inc. v. Phazzer Elecs., Inc.
  M.D. Fla.· 2025-08-18
  The court adopted the magistrate judge's report and recommendation, overruling the defendant's objections and entering final judgment for the plaintiff.
• Anderson v. Greenhouse Solar & Air, Inc.
  M.D. Fla.· 2023-12-12
  The court held that arbitration agreements are valid and enforceable, and that claims arising from the contracts are subject to arbitration, while shotgun pleadings warrant dismissal.
• Wallace v. Yanelin Torres-Rodriguez
  341 So. 3d 374· Fla. 3d DCA· 2022-05-11
  Mark Wallace, as trustee and personal representative, sued Yanelin Torres-Rodriguez to recover approximately $7 million in tenancy by the entirety marital assets that his father Milton fraudulently transferred to Yanelin during his marriage to Patricia, in violation of their Irre
• Rizack v. Starr Indem. & Liab. Co.
  S.D. Fla.· 2020-07-02
  The Court denies the motion for leave to appeal because the movant failed to establish that the questions presented are controlling questions of law, a necessary prerequisite for interlocutory appeal.
• Salkin Slott v. Anan Enter., Inc.
  S.D. Fla.· 2020-06-23
  The court held that a motion to withdraw an adversary proceeding from bankruptcy court based solely on a potential jury trial right is premature if the case is not yet ready for trial.
• Stathopoulos v. Alford (In Re McMillin)
  448 B.R. 847· M.D. Fla.· 2011-02-10
  The court held that the bankruptcy court erred in finding the debtor lacked control over the $280,000 transfer, but affirmed the finding of no insolvency and no equitable interest in the property.
• Aerovias De Mexico v. v. Feltman (In Re Empresa De Transportes Aero Del Peru
  263 B.R. 367· S.D. Fla.· 2001-06-26
  The court held that the bankruptcy court's denial of the Rule 60(b) motion was an interlocutory decree and granted leave to appeal, finding substantial grounds for difference of opinion regarding subject-matter jurisdiction due to the unclear status of the foreign representative.
• 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.
• Cameron v. Pfaff Plumbing & Heating, Inc.
  966 F.2d 414· 8th Cir.· 1992-06-09
  An assignment of future funds, where the debtor has an obligation to pay the funds and the creditor has an obligation to credit the debt upon receipt, is an executory contract that is deemed rejected by the trustee if not assumed within 60 days of filing a Chapter 7 petition.
• In re Atchison v. Anola Marie Atchison
  925 F.2d 209· 7th Cir.· 1991-02-15
  A debtor's disclaimer of an inheritance, under Illinois law, relates back to the decedent's death and does not constitute a 'transfer of an interest of the debtor in property' that a bankruptcy trustee can avoid under 11 U.S.C. § 548(a).