Creditor'S Bill

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

• Albrecht v. Bauman
  130 F.2d 452· D.C. Cir.· 1942-07-29 ·cited 4×
  A bondholders committee that settles claims in a class action suit, without intervention by other similarly situated parties, can dismiss the suit and distribute proceeds only to those it represents, as absent parties are not bound.
• Magic City Grocery, Inc. v. Knowles
  132 Fla. 656· Fla.· 1938-06-08 ·cited 4×
  The Florida Supreme Court reversed a lower court's decree that vacated the transfer of corporate stock and subjected corporate property to a judgment against an individual. The Court found discrepancies between the bill of complaint, the evidence, and the relief granted, remandin
• Burke v. Sec. Fin. Co.
  108 Fla. 570· Fla.· 1933-03-03 ·cited 4×
  An insolvent corporation distributed assets to its stockholders in violation of Florida law. A judgment creditor brought a creditor's bill to recover these assets and obtained a decree holding stockholders personally liable for the face value of distributed accounts receivable. T
• Johnson v. Sumner
  82 Fla. 377· Fla.· 1921-11-23 ·cited 4×
  Harry Johnson sought to subject land owned by Elizabeth B. Sumner to satisfy a judgment against her husband W.D.J. Sumner, alleging the property was purchased with the husband's funds to defraud creditors. The Florida Supreme Court affirmed the dismissal of Johnson's bill, holdin
• France v. Joe Hart also known as Herman Josephart and as Joseph Hart Bella Hart
  170 So. 2d 52· Fla. 3d DCA· 1964-12-22 ·cited 3×
  A judgment creditor sought to enforce a $10,000 judgment against a financially capable debtor through a creditor's bill, alleging fraudulent corporate conduct to divert assets. The trial court dismissed for failure to identify specific property, but the appellate court reversed,
• Knowles v. Magic City Grocery, Inc.
  144 Fla. 78· Fla.· 1940-07-12 ·cited 3×
  A creditor sought to set aside a corporation's repurchase of its own stock as fraudulent, claiming it violated Florida statute and was done to hinder debt collection. The Florida Supreme Court held that while such a repurchase violates statute, a creditor may challenge it as frau
• Romine v. Horobin
  139 Fla. 103· Fla.· 1939-07-07 ·cited 3×
  A creditor sought to enforce a judgment from Ohio against a debtor in Florida by filing a creditor's bill alleging fraudulent conveyance. The trial court dismissed the bill based on technical defects in naming the parties in the underlying judgment, which the Supreme Court affirm
• Meridale Dairies, Inc. v. Dumas
  138 Fla. 323· Fla.· 1939-05-30 ·cited 3×
  Meridale Dairies sought to pierce the corporate veil of a failed New Jersey corporation (Holsum Atlantic) to hold its Florida-resident owners personally liable for an unpaid debt. The Florida Supreme Court affirmed the dismissal of the complaint, holding that while courts may pie
• Bender v. Gen. Elec. Supply Corp.
  117 Fla. 275· Fla.· 1934-11-15 ·cited 3×
  A creditor sought to attach real property in the name of O. F. Bender to satisfy a judgment debt, claiming the property was fraudulently conveyed to his wife Margaret. The Florida Supreme Court reversed, holding that where property was purchased with the wife's separate funds and
• Bird v. Lake Mabel Dev. Corp.
  112 Fla. 494· Fla.· 1933-10-28 ·cited 3×
  H. W. Bird, assignee of a mortgage creditor, sought to compel stockholders of Lake Mabel Development Corporation to pay the par value of bonus stock issued to them at the corporation's formation. The Florida Supreme Court affirmed dismissal of the creditor's bill, holding that th
• A. P. Forcum for Union Bond & Mortg. Co. v. Symmes
  106 Fla. 510· Fla.· 1932-08-23 ·cited 3×
  A receiver for an insolvent corporation sued stockholders to recover unpaid stock subscriptions that the corporation had cancelled by director resolution. The court held that stockholders cannot avoid liability for unpaid subscriptions by returning their stock certificates, and t
• Rosendo Junca v. Marine Dealers Unlimited Corp.
  706 So. 2d 326· Fla. 4th DCA· 1997-12-24 ·cited 2×
  The appellate court reversed a lower court's order allowing a creditor's bill to seize funds from an injunction bond. The court found that the creditor failed to properly serve the debtor, violating procedural due process.
• Smith v. Daniel Mones, P.A.
  459 So. 2d 462· Fla. 3d DCA· 1984-11-27 ·cited 2×
  Florida appellate court quashed an order requiring defendants to provide a prejudgment inventory of assets, holding that creditor's bills cannot reach assets titled in a defendant's individual name absent fraud.
• Intercon Research Assocs., Ltd. v. Dresser Indus., Inc.
  696 F.2d 53· 7th Cir.· 1982-12-17 ·cited 2×
  The court held that the district court did not err in dismissing Dresser Industries as a party defendant because the requirements for permissive joinder under Federal Rule of Civil Procedure 20(a) were not met, and such joinder would be unfair.
• McCOLLISTER v. McCOLLISTER
  248 So. 2d 490· Fla. 3d DCA· 1971-05-25 ·cited 2×
  The appellate court affirmed a summary judgment in favor of the defendants. The plaintiff, who was awarded a one-half interest in "Swap Meet" in a divorce decree, sought to claim a one-half interest in a subsequent license agreement, alleging it was an extension of "Swap Meet". T
• Nat'l Acceptance Co. OF Am. v. Wallace
  210 So. 2d 455· Fla. 1st DCA· 1968-05-07 ·cited 2×
  A creditor cannot file a bill to set aside fraudulent conveyances without first obtaining a judgment at law or its equivalent creating a lien on the property.
• Taylor v. Twin City Transit Co.
  145 So. 2d 543· Fla. 3d DCA· 1962-10-16 ·cited 2×
  Taylor appealed a summary judgment dismissing her action seeking to impose a constructive trust on monies held by Mershon as administrator of Whiteside's estate, alleging preferential transfers of Twin City Transit Company assets while it was insolvent. The court affirmed, findin
• Brooks v. Roslyne Levin
  123 So. 2d 45· Fla. 3d DCA· 1960-09-19 ·cited 2×
  Brooks appealed a chancellor's judgment awarding $27,800 plus interest to Van Straaten's estate on a promissory note. The court reversed, holding that a creditor lacking a judgment at law cannot bring an equity action to obtain a money judgment and enjoin asset disposition; inste
• Ruberoid Co. v. N. Tex. Concrete Co.
  193 F.2d 121· 5th Cir.· 1951-12-14 ·cited 2×
  The court held that the corporate veil could not be pierced and that the corporation's chattel mortgage to its officers was a valid preference under Texas law. The judgment was affirmed.
• Crews v. Oven
  159 F.2d 780· 10th Cir.· 1946-01-27 ·cited 2×
  The court held that the bequest to Claire Marie Oven was contingent, and since the contingency did not occur, the legacy lapsed.
• Kaufman v. E. Baking Co.
  146 F.2d 826· 1st Cir.· 1945-01-19 ·cited 2×
  The court held that the Massachusetts Superior Court had jurisdiction to grant an equitable lien, and that the sale enforcing this lien was not a voidable preference under the Bankruptcy Act.
• Butler v. McKEY
  138 F.2d 373· 9th Cir.· 1943-09-08 ·cited 2×
  The court held that a default judgment based on service by publication, supported by an affidavit containing hearsay but also positive statements of due diligence and incorporating the marshal's return, is not void on its face and cannot be collaterally attacked.
• Baumgarden v. Reconstr. Fin. Corp.
  131 F.2d 741· 7th Cir.· 1942-11-27 ·cited 2×
  A trust fund created by a third party for the benefit of a beneficiary is not subject to garnishment under Illinois law, nor is it garnishable if no debt is presently due and owing to the beneficiary from the trustee.
• Wimmers v. Blackburn
  151 Fla. 236· Fla.· 1942-07-28 ·cited 2×
  A receiver of B.L.E. Realty Corporation brought a creditor's bill against Mary M. Blackburn to recover property allegedly transferred fraudulently by the Brotherhood of Locomotive Engineers to hinder creditors. The Florida Supreme Court affirmed the lower court's decree, holding
• In re Weisbrod &. Hess Corp.
  129 F.2d 114· 3d Cir.· 1942-06-22 ·cited 2×
  The court held that the district court correctly applied the doctrine of res judicata, affirming the referee's dismissal of the petitioner's claim.
• Fowler v. Pilson
  123 F.2d 918· D.C. Cir.· 1941-10-13 ·cited 2×
  The court held that a foreign judgment is not 'otherwise enforceable' under D.C. Code § 343 if its enforcement in the original jurisdiction depends on judicial discretion and has not yet been granted.
• Lucinda Gainer v. Russ
  20 Fla. 157· Fla.· 1883-06-01 ·cited 2×
  A creditor sought to set aside a land conveyance by judgment debtors to their relative, alleging it was fraudulent and made to hinder debt collection. The Florida Supreme Court affirmed the lower court's decree setting aside the deed, finding the conveyance was made to shield ass
• Loring v. Dunning & Palmer
  16 Fla. 119· Fla.· 1877-01-01 ·cited 2×
  In this creditor's bill, the Florida Supreme Court upheld a decree treating a conveyance of property by judgment debtor Mrs. Carr to Caleb Loring as constructively fraudulent and imposing a lien on the property to the extent of consideration paid by Loring, rather than allowing a
• The Ala. Creditors v. Dorand
  95 F.4th 1355· 11th Cir.· 2024-03-14 ·cited 1×
  An individual retirement account is part of a debtor's bankruptcy estate if the funds remain in the account when the bankruptcy petition is filed, even if a state court issued a turnover order, as long as the funds were not actually transferred before filing.
• H.J.J., Inc. v. Party Prods., II, Inc.
  712 So. 2d 441· Fla. 3d DCA· 1998-06-10 ·cited 1×
  Court affirmed summary judgment for successor corporation, holding that creditor failed to establish liability under either de facto merger or mere continuation of business theories.
• Carmelitas Holding Co. v. Paradise Beach Resort ST. Augustine, Inc.
  675 So. 2d 660· Fla. 5th DCA· 1996-06-14 ·cited 1×
  Carmelitas Holding Company appealed a summary judgment that prevented it from collecting on a judgment against a homeowners association (SABTC/Paradise Beach Resort) by imposing a creditor's bill on assessment funds. The court reversed, holding that a homeowners association's aut
• Douglas E. Wendell in Bankr. for Palm Springs Vill. Green, Inc. v. Wilshire Corp.
  544 So. 2d 320· Fla. 4th DCA· 1989-06-07 ·cited 1×
  A bankruptcy trustee attempted to file a creditor's bill on behalf of a bankrupt corporation's creditors to recover assets from defendants. The court affirmed summary judgment against the trustee, holding that he failed to satisfy the statutory requirement of first commencing a s
• Mills v. Lawhon
  448 So. 2d 1162· Fla. 1st DCA· 1984-04-16 ·cited 1×
  Mills, a death row inmate convicted of murder, appealed the denial of his motion to set aside a default judgment in a wrongful death civil suit and the subsequent summary judgment on a creditor's bill filed by the victim's widow. The appellate court affirmed, holding that Mills f
• Williams & Reed, Inc. v. Chase
  227 So. 2d 75· Fla. 4th DCA· 1969-10-03 ·cited 1×
  The Florida District Court of Appeal affirmed a lower court's dismissal of a creditor's bill, holding that the circuit court lacked jurisdiction to probate an estate. The court clarified that while the circuit court could not entertain the probate matter, the dismissal was withou
• Milgram v. Milgram
  169 So. 2d 837· Fla. 3d DCA· 1964-12-08 ·cited 1×
  The appellate court affirmed the trial court's decision because the appellant failed to demonstrate that the chancellor's findings were clearly wrong or unsupported by competent substantial evidence.
• Elie v. Ernestine Alfonso
  658 So. 2d 1063· Fla. 4th DCA· 1995-06-28
  Elie sought to reach assets allegedly transferred to Alfonso by Elie's judgment debtor through an independent action. The trial court granted directed verdicts on most counts but submitted conversion, civil theft, and creditor's bill claims to resolution. Elie prevailed on all th
• H.H. Robertson Co. v. V.S. DiCARLO Gen. Contractors, Inc.
  994 F.2d 476· 8th Cir.· 1993-05-28
  The court held that a creditor's bill in equity under Missouri law can enforce a judgment against alter ego corporations even if they were not parties to the original action, provided they received proper notice and opportunity to be heard.
• Phelps v. Fina OIL & Chem. Co.
  952 F.2d 354· 10th Cir.· 1991-12-26
  A judgment creditor need not show the judgment debtor has an actionable claim against the transferee to maintain a creditor's bill action against a transferee of a fraudulent conveyance.
• Parts Depot, Inc. v. Bullock
  545 So. 2d 468· Fla. 2d DCA· 1989-06-21
  The court held that the trial court erred in granting involuntary dismissal against the mother, as a prima facie case of fraudulent transfer was established, but did not err in dismissing the claim against the father.
• Verone Marin Fehlhaber v. Fehlhaber
  502 So. 2d 33· Fla. 3d DCA· 1987-01-20
  A former spouse who obtained a California judgment against a deceased former husband sought to pursue fraudulent transfer claims against assets placed in a revocable trust and transferred to his subsequent wife. The court affirmed dismissal, holding that by accepting a money judg
• Sunrise Point, Inc. v. Foss
  373 So. 2d 438· Fla. 3d DCA· 1979-07-31
  Florida appellate court reviewed a lower court's denial of a motion to discharge a lis pendens filed against a condominium project. The court held that a lis pendens may not be filed against property when the complaint seeks only money damages or creditor relief without asserting
• F. A. Chastain Constr., Inc. v. Elliot Stanford
  245 So. 2d 298· Fla. 3d DCA· 1971-03-16
  In this creditor's bill action, the trial court found for defendants, holding that the plaintiff-appellant failed to prove both the existence of a creditor at the time of the property transfer and that the transfer lacked valid consideration. The appellate court affirmed, finding
• Ten Corp. of Orlando v. Barnes
  33 Fla. Supp. 169· Broward Cty. Cir. Ct.· 1969-12-01
  A judgment creditor sought to satisfy a deficiency judgment against a debtor who had no attachable legal assets by pursuing the debtor's equitable interests through a creditor's bill. The court held that the debtor's option to purchase securities and his interest as an heir in hi
• NEW Castle Furniture Corp. v. Chariton
  217 So. 2d 341· Fla. 3d DCA· 1969-01-14
  New Castle Furniture Corp., a judgment creditor, filed a creditor's bill seeking to recover on a promissory note held by its judgment debtor, Industrial Factors Corporation, executed by the Charitons. The trial court dismissed the bill, finding the note was not adequately proven
• Forrest Laidley and George P. Vye v. Heigho
  326 F.2d 592· 9th Cir.· 1963-12-16
  A claim against a decedent's estate that is "forever barred" by failure to sue after rejection under California Probate Code § 714 means the claimant is no longer a creditor and cannot pursue remedies for fraudulent transfers under California Civil Code § 3439.09(a).
• Ferd S. Meyer and Hoke T. Maroon v. Seaboard Fin. Co.
  309 F.2d 741· 5th Cir.· 1962-11-02
  The court held that the expenditures made by Seaboard in defending the Peckham litigation were covered by the indemnity clause of the contract.
• Kinas v. Joycia Apts., Inc.
  21 Fla. Supp. 147· Dade Cty. Cir. Ct.· 1962-09-14
  A Panamanian corporation holding a deficiency judgment against Silverman brought a creditor's bill to reach stock in a Florida corporation pledged to Tomback as security for a lease. The court set aside Tomback's fraudulent forced sale of the pledged shares, finding that Tomback
• Greear v. Greear
  303 F.2d 893· 9th Cir.· 1962-05-31
  Under Nevada law, community property consisting of a husband's earnings is subject to his contractual obligation to support his former wife and children, despite the statute exempting spouses from each other's pre-marital debts.
• LeBLANC v. Greyknolls Builders, Inc.
  18 Fla. Supp. 72· Dade Cty. Cir. Ct.· 1961-06-22
  Plaintiffs sued to set aside a property conveyance between two corporations, alleging it was made without consideration and to defraud creditors. The court dismissed the action, finding plaintiffs failed to prove fraud and that adequate consideration supported the transfer.
• Gen. Elec. Supply Co. v. Edmanuel, Inc.
  104 So. 2d 608· Fla. 3d DCA· 1958-07-22
  The appellate court affirmed the trial court's dismissal of a creditor's bill, finding the chancellor's factual findings were justified.