Creditor'S Bill

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

• Bradshaw v. Am. Advent Christian Home & Orphanage
  145 Fla. 270· Fla.· 1940-12-10 ·cited 27×
  A judgment creditor of a charitable organization sought to attach trust income payable to the organization to satisfy an unpaid judgment. The Florida Supreme Court held that the organization's vested interest in the trust income was subject to creditor claims and reversed the dis
• Boyd v. Hunter
  104 Fla. 561· Fla.· 1932-03-25 ·cited 27×
  Hunter sought equitable relief against the Boyds for breach of a profit-sharing contract regarding a Miami real estate transaction, claiming William Boyd fraudulently conveyed the property to his son to avoid sharing profits. The Florida Supreme Court reversed, holding that Hunte
• Logan v. Geo. A. Logan
  22 Fla. 561· Fla.· 1886-06-01 ·cited 27×
  William H. Logan, a judgment creditor, sought equity relief to void a mortgage executed by his debtor George A. Logan on the ground that it was procured by fraud and was inherently fraudulent as to creditors because it permitted the mortgagor to freely dispose of mortgaged mercha
• Regent Bank v. Woodcox
  636 So. 2d 885· Fla. 4th DCA· 1994-05-18 ·cited 26×
  Regent Bank sought to implead a third party in supplementary proceedings under Florida Statute § 56.29 to satisfy an unsatisfied writ of execution. The trial court denied the motion, concluding it lacked jurisdiction absent a reservation of jurisdiction in the original judgment.
• Cerna v. Swiss Bank Corp. (Overseas), S.A.
  503 So. 2d 1297· Fla. 3d DCA· 1987-02-10 ·cited 26×
  Prejudgment attachment is permissible for assets fraudulently transferred or equitably owned by the debtor, even if titled in another's name, but garnishment of debts owed to that other person requires a prior judgment against the debtor.
• Money v. Coy C. Powell and Kathleen Powell
  139 So. 2d 702· Fla. 2d DCA· 1962-04-04 ·cited 26×
  A complaint alleging a transfer of property without consideration, made to hinder, delay, or defraud a tort claimant, and retaining dominion and control by the transferor, is sufficient to state a cause of action to set aside a fraudulent conveyance.
• 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.
• Ballard v. Eckman & Vetsburg
  20 Fla. 661· Fla.· 1884-01-01 ·cited 24×
  In this equity case, the Florida Supreme Court reversed a decree finding fraudulent conveyance where creditors alleged that L. M. Ballard sold his mercantile stock to his brother H. D. Ballard to defraud creditors. The court held that the evidence did not support the fraud allega
• First State Bank of Clermont v. Fitch
  105 Fla. 435· Fla.· 1932-05-06 ·cited 23×
  The court reversed a lower court's dismissal of a bill of complaint, holding that a creditor could pursue equitable relief to set aside a fraudulent conveyance even without a prior judgment at law. This is permissible when legal remedies are impossible or unavailing, such as when
• In re Gardner v. Grange Mut. Cas. Co.
  810 F.2d 87· 6th Cir.· 1987-01-22 ·cited 22×
  The court held that the district court's order reversing a bankruptcy court's decision was a final, appealable order, and that the insurance policy exclusion applied, denying coverage.
• United States v. Neidorf
  522 F.2d 916· 9th Cir.· 1975-08-04 ·cited 22×
  The court held that the six-year limitations period applies to actions founded upon quasi-contract, but not to actions to set aside fraudulent conveyances.
• Williams v. Am. Crafts, Inc.
  130 So. 2d 615· Fla. 3d DCA· 1961-05-29 ·cited 22×
  The appellate court reversed and remanded a creditor's bill action because the lower court's decree was contradictory, dismissing the bill while reserving jurisdiction to determine the creditors' claim. The court also noted that its prior opinion would necessitate changes to the
• The First Nat'l Bank of Pensacola v. Hirschkowitz
  46 Fla. 588· Fla.· 1903-06-01 ·cited 22×
  The Florida Supreme Court held that a creditor who files an equitable bill against a married woman's separate statutory property and obtains a receiver acquires a prior lien over subsequently intervening creditors, despite the married woman's general inability to contract. The co
• Seiff v. Presto Brick Mach. Corp.
  168 So. 2d 700· Fla. 3d DCA· 1964-11-10 ·cited 21×
  Creditors sought to impress an equitable lien on a chattel purchased by a defendant at a Federal Tax distraint sale, claiming conversion. The trial court refused to award damages for conversion, and the appellate court affirmed, holding that without a right of possession at the t
• Pritchett v. Brevard Naval Stores Co.
  134 Fla. 649· Fla.· 1938-10-26 ·cited 21×
  This case involves a creditor's attempt to seize property transferred through a series of corporate entities, which the creditor alleged was a fraudulent conveyance. The court affirmed the lower court's decision, finding that the corporate structures were used as a convenience an
• Blackburn v. Venice Inlet Co.
  38 So. 2d 43· Fla.· 1948-12-03 ·cited 20×
  The appellate court affirmed a lower court's dismissal of a creditor's bill. The plaintiffs, judgment creditors, sought to subject certain lands to their judgments, alleging fraud and conspiracy in a prior mortgage foreclosure and subsequent sale. The court found no competent evi
• W. F. S. Co. v. The Anniston Nat'l Bank of Anniston
  140 Fla. 213· Fla.· 1939-10-06 ·cited 20×
  The court affirmed a lower court's decision to strike a counterclaim. The counterclaim sought to impound foreclosure sale proceeds pending a separate common law suit, but the court found it lacked necessary parties and was improperly framed.
• Biel REO, LLC v. Barefoot Cottages Dev. Co. LLC
  156 So. 3d 506· Fla. 1st DCA· 2014-12-12 ·cited 19×
  Biel Reo, LLC sought to enforce a $4.5 million judgment against debtors Gwin and Shoults by pursuing assets they transferred to irrevocable family trusts after defaulting on a guaranteed loan. The court reversed the trial court's dismissal based on statute of limitations, holding
• Ferguson v. State Exch. Bank & The First Nat'l Bank of Lake City
  264 So. 2d 867· Fla. 1st DCA· 1972-07-25 ·cited 19×
  Ferguson appeals the denial of her request for a jury trial in supplementary proceedings brought against her as a judgment debtor. The court affirms that supplementary proceedings under Florida Statute Section 56.29(6) are equitable in nature and do not require jury trials, follo
• Godshall v. Hessen
  227 So. 2d 506· Fla. 3d DCA· 1969-10-28 ·cited 19×
  A judgment creditor sued trustees of a dissolved corporation to recover assets distributed to them after the corporation sold its motel property. The trial court struck the defendants' answer when they refused to travel out of state for depositions, but the appellate court affirm
• Whetstone v. Coslick
  117 Fla. 203· Fla.· 1934-11-09 ·cited 19×
  George M. Whetstone and Roy T. Gallemore, creditors of Mrs. Anna P. Porter under antenuptial land sale contracts, sought to set aside a fraudulent conveyance made after she married George M. Coslick. The Florida Supreme Court reversed the lower court's dismissal, holding that the
• Barrow v. William Bailey de bonis non of John Bellamy
  5 Fla. 9· Fla.· 1853-01-01 ·cited 19×
  In this foundational case on fraudulent conveyances, the Florida Supreme Court held that a debtor's sale of substantially all his property to a relative for consideration significantly below fair market value, combined with circumstances suggesting intent to deprive creditors of
• United States v. Kensington Shipyard & Drydock Corp.
  169 F.2d 9· 3d Cir.· 1948-06-30 ·cited 18×
  The court held that the federal court's jurisdiction, established by the government's tax lien enforcement action, was not divested by a prior state court creditor's bill that did not involve the United States and lacked actual or constructive possession of the property.
• Hayden v. Barton H. Thrasher
  18 Fla. 795· Fla.· 1882-01-01 ·cited 18×
  A surety who paid promissory notes at the request of a co-surety may seek equitable relief to compel the principal obligors to discharge the debt, even without a prior judgment at law. The Florida Supreme Court reversed the dismissal of the bill and held that a surety may pursue
• Adjmi v. Pankonin
  126 So. 2d 153· Fla. 3d DCA· 1961-01-26 ·cited 17×
  An equity court cannot entertain a suit for rescission of an oral transaction when the ultimate relief sought is a money decree, as the remedy at law is adequate.
• Sverdahl v. Farmers & Merchs. Sav. Bank
  582 So. 2d 738· Fla. 4th DCA· 1991-07-10 ·cited 16×
  The Fourth District Court of Appeal dismissed an appeal of an order impleading third parties in a supplementary proceedings action, holding that such impleader orders are not immediately appealable because they do not determine substantive rights and are merely procedural steps a
• F. & H.R. Farman-Farmaian Consulting Eng'rs Firm & Farough Farman-Farmaian v. Harza Eng'g Co.
  882 F.2d 281· 7th Cir.· 1989-08-17 ·cited 16×
  The court held that the act of state doctrine bars the suit because the confiscation of the Iranian firm's assets, including its debt claim against Harza, was complete within Iran and did not involve U.S. territory or interests protected by the extraterritoriality exception.
• Robert Marye & Co. v. William Root et ux.
  27 Fla. 453· Fla.· 1891-01-01 ·cited 16×
  Robert Marye & Co. sought to charge the rents and profits of real estate owned by Mrs. Root to satisfy a judgment against her husband William Root. The Florida Supreme Court held that under the 1845 statute and 1868 Constitution, a wife's separate statutory property and its rents
• Alston v. Rowles
  13 Fla. 117· Fla.· 1869-01-01 ·cited 16×
  This case addresses whether property purchased by a husband in his wife's name can be reached by the husband's creditors as estate assets. The Florida Supreme Court held that while such property is generally not subject to the husband's creditors absent fraud, the executrix of a
• 381651 Alberta, Ltd. v. 279298 Alberta, Ltd.
  675 So. 2d 1385· Fla. 4th DCA· 1996-07-10 ·cited 15×
  In this fraudulent conveyance case, the trial court found that a Canadian judgment creditor could set aside transfers of real property made by a judgment debtor through his family trust entity and recover the property to satisfy the judgment. The court held that actions to set as
• Miller v. Sec. Peoples Tr. Co.
  142 Fla. 434· Fla.· 1940-03-15 ·cited 15×
  In a creditor's bill filed by Security Peoples Trust Co. against Howard C. Miller and others, the Florida Supreme Court held that a creditor need only exhaust legal remedies on a judgment rendered in Florida, not on the foreign judgment upon which the Florida judgment is predicat
• Hewitt v. Punta Gorda State Bank
  108 Fla. 39· Fla.· 1933-01-13 ·cited 15×
  The Florida Supreme Court reversed a lower court's denial of a motion to dismiss a creditor's bill alleging fraudulent conveyances by judgment debtors. The Court held that the bill's allegations were insufficient to state a valid claim either as a bill to set aside fraudulent con
• E.I. DU Pont de Nemours & Co., Inc. v. Cullen
  791 F.2d 5· 1st Cir.· 1986-05-14 ·cited 14×
  The court held that the creditor's state court action was an action to appoint a receiver, not a statutory 'action to reach and apply' or a non-statutory 'creditor's bill,' and therefore did not create a lien that predated the bankruptcy preference period.
• United States ex rel. Sam Goldman v. The Honorable James H. Meredith
  596 F.2d 1353· 8th Cir.· 1979-04-24 ·cited 14×
  The court held that book-entry Treasury bills are subject to garnishment and that injunctive relief is necessary to enforce judgments against them due to their intangible nature. The Treasury is not prohibited from recognizing valid judicial proceedings affecting these securities
• Bailey v. Deebold
  351 So. 2d 355· Fla. 2d DCA· 1977-10-21 ·cited 14×
  Bailey sued Deebold for boat damage, obtaining a default judgment against Deebold in June 1976. Deebold moved to vacate the default in November 1976, citing excusable neglect based on his reliance on retained counsel. The trial court granted the motion, but the appellate court re
• Eldridge v. Post
  20 Fla. 579· Fla.· 1884-01-01 ·cited 14×
  This case concerns the priority of liens between two creditors of a debtor who assigned an interest in his inheritance. The court held that an unrecorded assignment was ineffective against a prior judgment creditor who had no notice of the assignment, establishing the judgment cr
• Alston v. Rowles
  13 Fla. 110· Fla.· 1869-01-01 ·cited 14×
  This case addresses procedural defects in an appeal where a defendant's administrator attempted to prosecute an appeal without first reviving the suit after the defendant's death, and without properly identifying all parties. The Florida Supreme Court dismissed the appeal for lac
• Chirico v. Elzie L. DEW
  113 So. 2d 597· Fla. 2d DCA· 1959-07-10 ·cited 12×
  The court held that the trial court erred in granting summary judgment because genuine issues of material fact existed regarding the identity of the defendant, Elzie L. Dew, as H. C. Dew.
• Cent. Bank & Tr. Co. v. Davis
  102 So. 2d 600· Fla.· 1958-04-23 ·cited 12×
  Central Bank and Trust Company challenged summary decrees dismissing its creditor's bill seeking to set aside voting trust agreements and secure certain corporate assets. The Florida Supreme Court affirmed the summary decrees, holding that the bank failed to raise genuine materia
• Margery G. Huntress v. Est. of Carroll B. Huntress
  235 F.2d 205· 7th Cir.· 1956-07-03 ·cited 12×
  A plaintiff may join a claim for money with a claim to subject property to that demand in a single action under Rule 18(b) of the Federal Rules of Civil Procedure, without first obtaining a judgment.
• Reconstr. Fin. Corp. v. Teter
  117 F.2d 716· 7th Cir.· 1941-01-04 ·cited 12×
  The court held that the trial court did not err in quashing the summons and dismissing the action against the C. T. C. Investment Company because it was dissolved and could not be sued.
• Barnett v. Mayes
  43 F.2d 521· 10th Cir.· 1930-08-06 ·cited 12×
  The appellate court affirmed the trial court's decree, holding that the trial court had jurisdiction to adjudicate the entire 120-acre claim. This was based on the principle that once a federal court acquires jurisdiction over a portion of an indivisible cause of action involving
• Eppinger v. Canepa
  20 Fla. 262· Fla.· 1883-06-01 ·cited 12×
  In this creditor's bill against an executor, the Florida Supreme Court held that life insurance proceeds with written directions payable to named beneficiaries are not assets of the estate subject to creditor claims, and remanded for proper decree form requiring sale of remaining
• United States v. Adolph Kaplan
  277 F.2d 405· 5th Cir.· 1960-04-18 ·cited 11×
  The court held that the United States had standing to sue as a judgment creditor and that the evidence presented was insufficient to establish the existence of an oral trust for the transferee. The judgment setting aside the conveyance was reversed.
• McCLASKEY v. Harbison-Walker Refractories Co.
  138 F.2d 493· 3d Cir.· 1943-10-25 ·cited 11×
  The dissenting judge would hold that a sheriff's sale of a patent does not pass title under federal law.
• Elvins v. Seestedt
  148 Fla. 408· Fla.· 1941-11-04 ·cited 11×
  The Florida Supreme Court addressed whether a resulting trust arose when a corporation advanced funds to purchase property that was titled in the corporation's secretary-treasurer's name and subsequently conveyed to a trustee. The court held that parol evidence is admissible to e
• Sample v. Natalby
  120 Fla. 161· Fla.· 1935-06-21 ·cited 11×
  A creditor with a judgment against a debtor sought to set aside conveyances made by the debtor through an intermediary to himself and his wife as tenants by the entireties, claiming the transfers were fraudulent. The Florida Supreme Court reversed the lower court's dismissal, hol
• May v. May
  19 Fla. 373· Fla.· 1882-06-01 ·cited 11×
  This case involves a guardianship dispute where the executors of a deceased guardian and his surety appeal a decree requiring them to pay the ward the proceeds of a life insurance policy. The court affirmed the decree, holding that the sureties on the guardian's bond were estoppe
• Magna M. Decubellis v. Ritchotte
  730 So. 2d 723· Fla. 5th DCA· 1999-02-05 ·cited 10×
  In a mortgage foreclosure dispute, the Fifth District Court of Appeal reversed a foreclosure judgment obtained by Orange County Raceway against property owners who were never served with process or given notice of the proceedings. The court held that the Raceway failed to properl
• City & Cnty. of Denver v. Denver Tramway Corp.
  187 F.2d 410· 10th Cir.· 1951-02-15 ·cited 10×
  The court held that the trial court did not err in denying the city's motion to dissolve the injunction, as the court retained jurisdiction to enforce its prior decree and the circumstances did not warrant vacation.