Creditor'S Bill

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

• Klein v. Mills
  76 So. 2d 492· Fla.· 1954-12-17
• Hilliard v. Sisil
  192 F.2d 800· 9th Cir.· 1951-10-27
  A transfer of assets to a corporation, made with intent to defraud a prior creditor, is void against that creditor even if the corporation assumes the debt, and a receiver's subsequent redemption does not cleanse the fraudulent transfer.
• Publicity BLDG. Realty Corp. v. Hess
  167 F.2d 269· 8th Cir.· 1948-04-02
  The court held that the trial court's findings of fact were not clearly erroneous, and the insurance policies and their cash surrender value belonged to Hess, satisfying the United States' tax claim.
• Smith v. G. H. Heath and his wife Bertha Heath
  157 Fla. 198· Fla.· 1946-03-19
  The Florida Supreme Court affirmed a lower court's dismissal of a creditor's bill, finding the allegations insufficient to grant equitable relief. The court determined that the property in question was no longer a partnership asset when the judgment was recovered, as an interest
• Caspers v. Watson
  132 F.2d 614· 7th Cir.· 1942-12-02
  The court held that a suit to discover assets for judgment satisfaction is ancillary to the original judgment action, and thus the court retains jurisdiction even after the judgment is assigned to a private individual.
• Prudential Ins. Co. of Am. v. Land Ests.
  130 F.2d 170· 2d Cir.· 1942-07-29
  The court held that the District Court properly denied Mutual's motions to file proofs of claim nunc pro tunc because granting them would have substantially prejudiced the rights of other creditors who had relied on the established plan and filed claims.
• Scherck v. Dysart
  123 F.2d 364· 8th Cir.· 1941-11-17
  The court held that the approved reorganization plan was fair and equitable, and did not abuse its discretion in approving it over an alternative proposal.
• Agustus T. Ashton v. Town of Lantana
  146 Fla. 671· Fla.· 1941-04-18
  A creditor's bill in equity is a proper remedy for a judgment creditor of a municipality to reach property not subject to execution at law, even if the debtor is a municipal corporation.
• Trueman Fertilizer Co. v. Greenless
  144 Fla. 788· Fla.· 1940-11-22
  Trueman Fertilizer Company appealed the dismissal of a creditor's bill seeking to reach the equitable interest of judgment debtor C. R. Greenless in real estate. The Florida Supreme Court affirmed the dismissal but allowed plaintiff thirty days to file an amended complaint with c
• Shedd v. Oliver
  144 Fla. 775· Fla.· 1940-11-19
  This case involves an attorney who embezzled funds entrusted to him by his clients and then attempted to hide assets. The court affirmed the lower court's decision, emphasizing the importance of administering justice and not allowing procedural rules to shield fraud.
• Howell v. Bennett
  140 Fla. 837· Fla.· 1939-12-05
  H. W. Bennett, a creditor holding an unsatisfied judgment against George D. Howell, filed an equitable bill to reach lands titled in Howell's minor sons, alleging they were placed in the children's names to defraud creditors. The Florida Supreme Court affirmed the lower court's d
• Dixie Rd. Builders, Inc. v. Mortimer C. Gryzmish
  130 Fla. 649· Fla.· 1938-01-22
  Dixie Road Builders sought to subject lands owned by Mortimer Gryzmish to satisfy a judgment obtained against Normandy Beach Properties Corporation for an unpaid dredging contract. The Florida Supreme Court affirmed dismissal of the creditor's bill, holding that the dredging cont
• E. H. L. Page Props., Inc. v. Pinellas Groves
  121 Fla. 699· Fla.· 1935-09-21
  This case concerns whether a creditor can file a "creditors' bill" to void a fraudulent assignment of a mortgage before obtaining a judgment against the debtor. The court held that while a creditors' bill can be filed before judgment, a lawsuit for the debt must first be initiate
• Auburn Auto. Co. v. Namor Corp.
  112 Fla. 89· Fla.· 1933-09-22
  Auburn Automobile Company appealed a circuit court decree disallowing its claim as a preferred creditor against Habig Motor Company in a receivership proceeding. The Florida Supreme Court affirmed the lower court's decision, finding that Auburn Automobile Company's claim was actu
• Ball v. Bank OF BAY Biscayne
  S.D. Fla.· 1930-08-13
  A judgment creditor filed an equitable action seeking appointment of a receiver for a bank to aid collection of his judgment, but the judgment was paid into the state court registry before the federal suit proceeded. The court dismissed the action for lack of subject matter juris
• Will v. Tornabells
  217 U.S. 2· U.S.· 1910-03-14
  Will & Co. and other creditors of a Porto Rican mercantile firm (Tornabells & Co.) sued to set aside a conveyance of substantially all the firm's property to Luis Aran y Lanci and subsequent mortgages executed by Aran y Lanci, alleging the transactions were fraudulent simulations
• Coogler v. Anderson Mayo
  21 Fla. 126· Fla.· 1884-06-01
  A judgment creditor filed an equitable creditor's bill seeking to subject land to a judgment lien against the judgment debtor's estate. The Florida Supreme Court reversed, holding that the case presents only a legal question of title to land and falls outside the jurisdiction of
• Cotten
  6 Fla. 1· Fla.· 1855-01-01
  Frederick Cotten purchased a plantation from the Tradewells with a general warranty, but three of the slaves sold were subject to a bank mortgage. An agreement between the Tradewells to substitute other slaves for those mortgaged was never executed. Cotten seeks enforcement of th