Creditor'S Bill

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

• Megdall v. Scott Corp.
  40 So. 2d 139· Fla.· 1949-04-08 ·cited 10×
  This case involves a realtor suing a dissolved corporation and its former stockholders for an unpaid commission. The appellate court reversed the dismissal of the suit, finding that equity has jurisdiction to hear the claim due to alleged fraud and the corporation's dissolution w
• Hollingsworth v. Arcadia Citrus Growers Ass'n
  122 Fla. 90· Fla.· 1934-06-07 ·cited 10×
  In this 1934 Florida case, the court upheld a decree allowing creditors to reach promissory notes allegedly gifted by a deceased debtor to his wife, finding that the notes remained estate property because the debtor lacked sufficient assets to make valid voluntary conveyances whi
• Isaacs v. Mulray
  112 Fla. 197· Fla.· 1933-10-03 ·cited 10×
  The Florida Supreme Court reversed the dismissal of a creditors' bill seeking to cancel alleged fraudulent conveyances made by a debtor to a dummy holding company without consideration. The court held that a debtor's transfer of property without consideration to hinder or delay c
• Hobbs v. Bankruptcy
  61 Fla. 611· Fla.· 1911-01-01 ·cited 10×
  A bankruptcy trustee sued to recover real property that the bankrupt (J. W. Hobbs) had transferred to his wife (Nancy E. Hobbs) prior to filing for bankruptcy, alleging the transfer was fraudulent. The Florida Supreme Court affirmed the lower court's decree setting aside the tran
• Scarlett v. Hicks
  13 Fla. 314· Fla.· 1869-01-01 ·cited 10×
  A creditor of an insolvent estate sought to enjoin another creditor's execution of a judgment obtained after insolvency was filed, arguing that the statute governing insolvent estates requires pro rata distribution rather than individual creditor collection. The Florida Supreme C
• Trs. of the Wabash & Erie Canal Co. v. Beers
  2 Black 448· U.S.· 1862-12-01 ·cited 10×
  Indiana issued bonds to finance the Wabash and Erie Canal, with successive loans creating different classes of liens on the canal and its revenues, and in 1846-1847 the State offered a compromise arrangement exchanging outstanding bonds for state and canal stock certificates. The
• Koehler v. Roberts
  661 So. 2d 374· Fla. 2d DCA· 1995-10-11 ·cited 9×
  Kenneth Koehler appeals a judgment holding him personally liable for a debt of his corporation, World Wide Systems. The court reverses because the appellees never requested personal liability against Koehler in their pleadings, and Florida law prohibits trial courts from granting
• Gantz v. The First Nat'l Bank OF Miami
  138 So. 2d 367· Fla. 3d DCA· 1962-02-26 ·cited 9×
  Mary Gantz challenges a foreclosure decree on her one-half interest in real property to satisfy a joint money judgment against her and her former husband. The Florida District Court of Appeal reversed, holding that a court lacks jurisdiction to foreclose a general judgment lien w
• Pritchett v. Brevard Naval Stores Co.
  126 Fla. 156· Fla.· 1936-11-13 ·cited 9×
  This case involves a challenge to a deed executed by Mrs. Effie F. Pritchett conveying her separate property to Brevard Naval Stores Company in 1928. The Florida Supreme Court held that the trial court erred in excluding the notary public's testimony regarding whether Mrs. Pritch
• Foster v. Thornton
  125 Fla. 829· Fla.· 1936-10-22 ·cited 9×
  Foster obtained a tort judgment against C.E. Thornton after an injury claim, and Thornton subsequently appealed. On interlocutory review, the Florida Supreme Court affirmed the lower court's denial of Thornton's motion to dismiss a bill of complaint seeking to invalidate alleged
• Mallory S.S. Co. v. Baker & Holmes Co.
  117 Fla. 196· Fla.· 1934-11-09 ·cited 9×
  This case concerns whether a successor corporation can be held liable for the debts of a predecessor corporation when it acquires all of the predecessor's assets. The court affirmed the denial of motions to dismiss and strike the complaint, finding that the successor corporation
• Taylor v. Belle Jones
  112 Fla. 234· Fla.· 1933-10-04 ·cited 9×
  This case concerns whether a creditor's bill sufficiently alleged fraud to state a cause of action for setting aside a conveyance. The court held that the allegations were sufficient to support a claim of fraudulent conveyance, even without detailing specific evidentiary facts.
• Auburn Auto. Co. v. Namor Corp.
  106 Fla. 594· Fla.· 1932-08-28 ·cited 9×
  A Florida creditors' class action suit involved Auburn Automobile Company's disallowed preference claim against a receiver administering Habig Motors Company's assets. The Supreme Court upheld the sufficiency of the notice of appeal, holding that naming the original complainant c
• Buchanan v. Sullivan
  620 So. 2d 1301· Fla. 4th DCA· 1993-06-23 ·cited 8×
  The appellate court affirmed the trial court's finding that a father fraudulently transferred property to his daughter to avoid a judgment creditor but reversed the award of sale proceeds to the creditor, holding that the fraudulent conveyance did not sever the joint tenancy with
• Leatherman v. Gus Gimourginas
  192 So. 2d 301· Fla. 3d DCA· 1966-11-29 ·cited 8×
  The Florida District Court of Appeal held that funds deposited in a circuit court's registry in a chancery proceeding are not subject to garnishment by a judgment creditor in a separate civil court proceeding. The court reversed the trial court's garnishment judgment against the
• Emil v. Hanley
  130 F.2d 369· 2d Cir.· 1942-07-29 ·cited 8×
  The court held that the Bankruptcy Act amendments of 1938 did not grant bankruptcy courts exclusive jurisdiction over the accounts of a receiver appointed in a state court foreclosure action that commenced before the bankruptcy petition.
• Frank v. Giesy
  117 F.2d 122· 9th Cir.· 1941-01-27 ·cited 8×
  The court held that the shareholders of a national banking association are individually responsible for the bank's debts and engagements to the extent of their stock, and that this liability is several, not proportional. The court also found that certain pleading defects were wai
• Pritchett v. Miller
  139 Fla. 204· Fla.· 1939-07-07 ·cited 8×
  This case, on its third appeal, concerns the disbursement of funds by a receiver and the denial of a supplemental bill of review. The court affirmed the lower court's orders, finding no impropriety in the receiver's actions or the denial of the supplemental bill.
• Bean v. First Nat'l Bank of Clearwater
  102 Fla. 367· Fla.· 1931-07-07 ·cited 8×
  The Florida Supreme Court affirmed a decree in a creditor's bill filed by First National Bank of Clearwater against appellants Helen and George Bean to cancel conveyances allegedly made in fraud of creditors. The court upheld the lower court's finding that ample substantial evide
• Egbert C. Sammis v. James S. Wightman for use of J. and L. Marcher
  31 Fla. 45· Fla.· 1893-01-01 ·cited 8×
  This case addresses whether an assignee of a judgment must be a party to a lawsuit to enforce that judgment. The court held that the assignee is the real party in interest and a necessary party in equity proceedings, distinguishing this from common law practices.
• Adelaide Donovan v. Armour & Co.
  160 Fla. 62· Fla.· 1948-01-20 ·cited 7×
  Adelaide Donovan and related entities appealed the denial of their motion to dismiss a creditor's bill filed by Armour & Company. The Florida Supreme Court held that the bill lacked sufficient equity because it alleged fraudulent transfers made over 14 years prior, the plaintiff
• Little v. Saffer
  110 Fla. 230· Fla.· 1933-05-13 ·cited 7×
  The court affirmed a decree dismissing a creditor's bill. The bill sought to subject certain notes and a mortgage to a judgment against L.B. Saffer, alleging Saffer owned them. However, the evidence showed C.L. Crabbs was the true owner, attempting to conceal the assets from his
• The Adam Brewing Co. v. Bowman
  92 Fla. 509· Fla.· 1926-08-03 ·cited 7×
  The Adam Brewing Company sought to impose a trust on lands conveyed by defendants to collect on a judgment against Cornelius P. Bowman and others. The trial court dismissed the creditor's bill for lack of proper jurisdiction over the defendant The Southern Realty Corporation and
• Littlefield v. Trs. of the Internal Improvement Fund of Fla.
  117 U.S. 419· U.S.· 1886-03-29 ·cited 7×
  The Supreme Court affirmed the Circuit Court's decision awarding the disputed bonds to the Trustees of the Internal Improvement Fund of Florida, holding that Milton S. Littlefield had effectively transferred equitable title in the bonds to the Trustees when he arranged their exch
• The State ex rel. Henry Proseus v. Craft
  17 Fla. 722· Fla.· 1880-06-01 ·cited 7×
  A creditor sought mandamus to compel a sheriff to levy execution against real property titled in the debtor's wife's name. The Florida Supreme Court affirmed dismissal of the mandamus petition, holding that the creditor lacked a clear legal right to subject the property to execut
• The State of Fla. & the Trs. of the Internal Improvement Fund of the State of Fla. v. The Fla. Cent. R.R. Co.
  15 Fla. 690· Fla.· 1876-06-01 ·cited 7×
  This case involves the State of Florida suing the Florida Central Railroad Company to recover on bonds issued by the company. The Florida Supreme Court addressed issues of proper parties, the validity of the bonds, and the State's remedies. The court ultimately reversed the judgm
• Salina Mfg. Co. v. Diner's Club, Inc.
  382 So. 2d 1309· Fla. 3d DCA· 1980-04-22 ·cited 6×
  This case involves a dissent arguing that the established order of priority for satisfying judgments, based on the sheriff's receipt of execution writs, should not change when supplementary proceedings are instituted against the debtor.
• Ryder Truck Rental, Inc. v. Mo. Beef Packers, Inc.
  358 So. 2d 103· Fla. 3d DCA· 1978-05-02 ·cited 6×
  Ryder Truck Rental appealed a judgment upholding property transfers made by Moore Meats to Missouri Beef Packers, challenging them as preferential transfers in violation of Florida's fraudulent conveyance statute. The court affirmed, finding no violation because Moore acted in go
• In re Souder v. Trudy Tappan
  449 F.2d 284· 5th Cir.· 1971-09-24 ·cited 6×
  The court held that the Moores did not acquire a lien superior to the trustee and that Tappan's lien was valid and not voidable under the Bankruptcy Act.
• Norvin Rieser v. The Baltimore & Ohio R.R. Co.
  228 F.2d 563· 2d Cir.· 1955-12-02 ·cited 6×
  The court held that the plaintiffs' claims against B&O were time-barred by the statute of limitations, even under generous assumptions.
• MacNEILL v. Marks et ux.
  64 So. 2d 922· Fla.· 1953-05-05 ·cited 6×
  The Florida Supreme Court affirmed a lower court's decision dismissing a creditor's bill, finding that the property in question was purchased with the wife's separate funds, not the husband's.
• Lydick v. Fischer
  135 F.2d 983· 5th Cir.· 1943-05-24 ·cited 6×
• Am. Brake Shoe & Foundry Co. v. Interborough Rapid Transit Co.
  122 F.2d 454· 2d Cir.· 1941-08-12 ·cited 6×
  The court held that the upset price and settlement fund valuations were fair and equitable, and that non-assenting bondholders were offered a fair recovery or alternative participation in a fairly established cash fund.
• Godard v. Peyton C. Crenshaw
  136 Fla. 78· Fla.· 1938-08-01 ·cited 6×
  In this creditors' bill case, the Florida Supreme Court affirmed the dismissal of Godard's complaints alleging fraudulent conveyances. The Court held that Godard failed to adequately plead essential elements of a fraudulent transfer claim, specifically failing to allege that the
• Krueger v. Acme Fruit Co.
  129 Fla. 107· Fla.· 1936-12-31 ·cited 6×
  Trueman Fertilizer Company sought to intervene in a creditors' bill action filed by the Kruegers against Acme Fruit Company. The trial court dismissed the complaint without acting on the intervention petition, and the Florida Supreme Court reversed, holding that a petition to int
• Hewitt v. Punta Gorda State Bank
  117 Fla. 126· Fla.· 1934-10-30 ·cited 6×
  This case involves a second appeal concerning a creditor's bill filed to reach assets allegedly fraudulently concealed by a judgment debtor. The court affirmed the denial of the defendant's motion to dismiss the amended bill, finding it sufficient in substance.
• Saffold Bros. Produce Co. v. Winn & Lovett Grocery Co.
  111 Fla. 60· Fla.· 1933-06-14 ·cited 6×
  This case involves a creditor's bill seeking to hold corporate officers personally liable for corporate debts by piercing the corporate veil. The appellate court affirmed the lower court's decision, finding no clear error in the chancellor's factual findings.
• Davis v. DeVane
  110 Fla. 108· Fla.· 1933-05-06 ·cited 6×
  Davis, a creditor with a judgment against E. J. DeVane, sought to cancel conveyances of real property from DeVane to his wife, alleging fraud of creditors. The Florida Supreme Court affirmed the lower court's dismissal of the creditor's bill, holding that the chancellor's finding
• Ratliff v. Nowery
  102 Fla. 1072· Fla.· 1931-10-01 ·cited 6×
  Creditors of J. A. Ratliff brought an equity suit to set aside conveyances made to Ratliff Holding Company without consideration and to subject certain mortgages to payment of their judgments. The Florida Supreme Court affirmed the trial court's overruling of demurrers, holding t
• Livesay Indus., Inc. v. Livesay Window Co., Inc.
  305 F.2d 934· 5th Cir.· 1962-08-01 ·cited 5×
  The court held that the series of transactions by the directors of Livesay Window Company constituted legal fraud intended to defraud creditors, and reversed the lower court's decision to allow for complete relief to the judgment creditors.
• Second Nat'l Bank of Wash. v. Richter
  110 Fla. 237· Fla.· 1933-05-13 ·cited 5×
  Second National Bank of Washington, D.C. sought to enforce a D.C. judgment against Florida property owned by Joseph Richter by filing a creditor's bill in Florida. The Florida Supreme Court affirmed dismissal of the bill as to real estate because Richter had established the prope
• Nye v. Bay View Ests. Corp.
  106 Fla. 707· Fla.· 1932-09-19 ·cited 5×
  The Florida Supreme Court affirmed a lower court's dismissal of a creditor's bill, holding that the complainant failed to present sufficient testimony to support their allegations of fraudulent conveyances.
• NTS Fort Lauderdale Off. Joint Venture v. Serchay
  710 So. 2d 1027· Fla. 4th DCA· 1998-05-27 ·cited 4×
  The appellate court affirmed the judgment against A. Serchay Accounting Services, P.A. for lease obligations but reversed the judgment against Coven & Lane, P.A., finding insufficient evidence to hold it liable as a successor entity.
• Nissim Hadjes, Inc. v. Hasner
  408 So. 2d 819· Fla. 3d DCA· 1982-01-19 ·cited 4×
  A cause of action for fraudulent conveyance lies when an insolvent judgment debtor, for inadequate consideration and with the knowledge of the recipient, satisfies a judgment for less than its full amount to defraud creditors.
• Allender v. First Fed. Sav. & Loan Ass'n OF Titusville
  389 So. 2d 1226· Fla. 5th DCA· 1980-11-05 ·cited 4×
  The court held that material questions of fact existed regarding the validity and effectiveness of property deeds and assignments predating a deficiency judgment, precluding summary judgment.
• In re Schmelzer v. Schmelzer
  480 F.2d 1074· 6th Cir.· 1973-06-21 ·cited 4×
  A bankrupt's unliquidated claim for personal injuries is not 'property' that vests in the trustee under Section 70(a)(5) of the Bankruptcy Act unless Ohio law subjects such claims to judicial process.
• Mullen v. Mullen
  122 So. 2d 488· Fla. 2d DCA· 1960-08-19 ·cited 4×
  This appeal concerns whether a trial court properly dismissed an equitable complaint with prejudice after the plaintiff had obtained a favorable judgment in a concurrent law action. The court reversed, holding that dismissal with prejudice was an abuse of discretion and that the
• E. H. Spach In Bankr. of the Ests. of Earl Albert Kleb & Clarence Charles Gehm v. Kleb
  112 So. 2d 21· Fla. 3d DCA· 1959-05-14 ·cited 4×
  A bankruptcy trustee sought to impose an equitable lien on homestead properties of former partners to satisfy partnership creditors. The court held that converting partnership property into exempt homestead property prior to creditors obtaining liens does not constitute fraud on
• Smith et ux. v. Irvine et ux.
  68 So. 2d 567· Fla.· 1953-12-08 ·cited 4×
  In this interlocutory certiorari proceeding, the Florida Supreme Court reviewed whether plaintiffs could maintain an equitable action for a lien to secure damages arising from alleged fraud in the sale of a motel property. The Court held that plaintiffs' claim is legal in charact
• Rottenberg v. United States
  142 F.2d 151· 2d Cir.· 1944-03-24 ·cited 4×
  A federal court lacks jurisdiction to extend a receivership to a state court judgment under Rule 69(a) if the underlying state supplementary proceeding is deemed closed by statute or by the parties' actions.