Fraudulent Conveyance

1,103 Florida cases classified under this topic, plus 647 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• In re Associated GAS & Elec. Co. in re Associated GAS & Elec. Corp.
  149 F.2d 996· 2d Cir.· 1945-03-27 ·cited 12×
  The court held that the district court did not abuse its discretion in approving the compromise of controversies in the reorganization proceedings, as there were reasonably disputable issues that could have led to a favorable outcome for the Ageco trustee.
• Moonblatt v. Kosmin
  139 F.2d 412· 3d Cir.· 1943-12-06 ·cited 12×·via Fraudulent Transfer
  A party waives their right to object to a bankruptcy referee's summary jurisdiction if they do not raise the objection promptly, which is considered equivalent to consent. However, if the claim involves disputed facts and reasonable room for controversy, a plenary proceeding is r
• Armour & Co. of Del. v. B. F. Bailey, Inc.
  132 F.2d 386· 5th Cir.· 1942-12-22 ·cited 12×
  The court held that the corporation could not be held liable for the individual's debt, as the conveyance was valid and the corporation was not the individual's alter ego.
• Banister v. Solomon
  126 F.2d 740· 2d Cir.· 1942-03-17 ·cited 12×
  The court held that the conveyance was fraudulent and the statute of limitations was tolled, allowing the trustee to recover the property.
• Standard Accident Ins. Co. v. Glenwood Hancock
  124 Fla. 725· Fla.· 1936-06-30 ·cited 12×
  In a garnishment action, the Florida Supreme Court upheld a jury verdict holding that a liability insurance company was indebted to judgment debtors under an insurance policy, despite a contractual clause requiring the insured to actually pay losses before suing. The court affirm
• Heddon v. Jones
  115 Fla. 19· Fla.· 1934-05-23 ·cited 12×
  A creditor sought to recover a $6,000 loan by suing on promissory notes and obtaining judgment, then attempted to enforce that judgment against the debtor's grove property. The Florida Supreme Court held that the debtor's homestead exemption attached to the property before the ju
• Fleming v. Otis Elevator Co.
  107 Fla. 557· Fla.· 1933-01-02 ·cited 12×
  In a creditor's suit under Florida law, the Florida Supreme Court upheld a decree setting aside a conveyance of real property as fraudulent where a debtor conveyed all of his attachable property to a corporation he owned and controlled, with intent to hinder collection of his deb
• Cunningham v. Merchs'. Nat. Bank of Manchester
  4 F.2d 25· 1st Cir.· 1925-01-06 ·cited 12×·via Fraudulent Transfer
  The dissenting judge argues that the defendant bank actively participated in Charles Ponzi's fraudulent scheme by soliciting and retaining deposits from him, knowing he was insolvent and that these funds would be used to pay off certain creditors preferentially. This active coope
• Dova v. Hancock
  88 Fla. 503· Fla.· 1924-12-20 ·cited 12×
  This case involves a creditor seeking to set aside a deed transferring property from a husband to his wife, alleging fraud based on the withholding of the deed from record and false representations of ownership. The court reversed the lower court's decision, finding insufficient
• Scott v. Jenkins
  46 Fla. 518· Fla.· 1903-06-01 ·cited 12×
  This case involves a mortgage foreclosure where the court reversed the lower court's decision due to the absence of necessary parties. The heirs of a deceased party who held legal title to the mortgaged property were not included in the foreclosure suit, rendering the lower court
• Bridger v. Thrasher
  22 Fla. 383· Fla.· 1886-06-01 ·cited 12×
  A Florida equity case involving competing claims to land purchased with disputed funds and conveyed through a series of trustees. The Supreme Court reversed the lower court's overruling of a demurrer, finding the bill of complaint too confused and contradictory to state a viable
• Hayden v. Thrasher
  20 Fla. 715· Fla.· 1884-01-01 ·cited 12×
  In this equity suit for fraud, Hayden sought to compel defendants to protect him against promissory notes he had endorsed at their request. The Supreme Court reversed the lower court's dissolution of an injunction that had been granted to prevent defendants from transferring prop
• Martinez v. Ward
  19 Fla. 175· Fla.· 1882-06-01 ·cited 12×
  The Florida Supreme Court upheld a lower court's dismissal of a bill in equity challenging a married woman's right to conduct business as a "free dealer" under an 1879 statute. The court rejected arguments that the statute was unconstitutional and found no fraud when the wife con
• Burton W. Wiand v. ATC Brokers Ltd.
  96 F.4th 1303· 11th Cir.· 2024-03-19 ·cited 11×·via Fraudulent Transfer
  Brokers sued for a real estate commission after a seller signed a contract for a sugarcane farm, purporting to act for his co-owning brothers, but later refused to close.
• KEY W. Seaside, LLC v. Certified Lower Keys Plumbing, Inc.
  208 So. 3d 718· Fla. 3d DCA· 2015-09-02 ·cited 11×·via Fraudulent Transfer
  A defendant who receives a judgment of no liability and has made a qualifying offer of judgment is entitled to attorney's fees and costs as a matter of right under Florida's offer of judgment statute, and the trial court may disallow such fees only upon a finding that the offer w
• Akerman Senterfitt & Eidson, P.A. v. Value Seafood, Inc.
  121 So. 3d 83· Fla. 3d DCA· 2013-09-04 ·cited 11×·via Fraudulent Transfer
  A judgment creditor appealed the dismissal of garnishment writs against two garnishees after the first writs were automatically dissolved under Florida Statute § 77.07(5) for failure to timely pursue final judgment. The court held that while the first writs were properly dissolve
• Colonial Bank v. Freeman (In Re Pac. Forest Prods. Corp.)
  335 B.R. 910· S.D. Fla.· 2005-10-17 ·cited 11×·via Fraudulent Transfer
  The court held that motions for rehearing of an interlocutory bankruptcy order toll the time for filing a motion for leave to appeal, and that the specific legal question regarding check kiting as per se fraudulent intent presents a controlling question of law with substantial gr
• Turner Murphy Co. v. Specialty Constructors, Inc.
  659 So. 2d 1242· Fla. 1st DCA· 1995-08-28 ·cited 11×
  Turner Murphy obtained a judgment against Specialty Constructors in South Carolina and sought to enforce it in Florida against both Specialty and its alleged parent company Haskell as an alter ego. The court held that an action to enforce a foreign judgment against an alter ego i
• Standard Prop. Inv. Tr., Inc. v. Luskin
  585 So. 2d 1099· Fla. 4th DCA· 1991-09-11 ·cited 11×·via Fraudulent Transfer
  The court held that the statutory requirements for initiating supplementary proceedings under Fla. Stat. § 56.29(1) were met, and the prior requirement of a returned unsatisfied writ of execution was eliminated by a 1967 amendment.
• Ginsberg v. Keehn
  550 So. 2d 1145· Fla. 3d DCA· 1989-08-29 ·cited 11×
  In a consolidated appeal regarding attorney's fees in a shareholder derivative action, the Florida District Court of Appeal affirmed the trial court's award of $35,000 in fees to derivative counsel while denying fees to individual counsel, and affirmed the charging lien priority,
• Kenneth Maynard Hanson & Lucille Esther Hanson v. First Nat'l Bank IN Brookings
  848 F.2d 866· 8th Cir.· 1988-06-02 ·cited 11×
  The court affirmed the bankruptcy court's decision, finding no extrinsic fraud in the debtor's conversion of non-exempt property to exempt property.
• Estudios v. Swiss Bank Corp. (Overseas) S.A.
  507 So. 2d 1119· Fla. 3d DCA· 1987-02-24 ·cited 11×·via Fraudulent Transfer
  EPICA, a Costa Rican corporation, appeals a trial court's order granting a prejudgment writ of attachment of its property to secure a debt owed by Raul Garcia Granados to Swiss Bank Corporation. The court upheld the attachment based on alter ego liability, finding that Granados c
• In re Abdallah
  778 F.2d 75· 1st Cir.· 1985-12-02 ·cited 11×
  The court held that the appeal was premature because the district court's order remanding the case for further proceedings was not a final order. The court also dismissed appeals for lack of jurisdiction due to untimely notices.
• In re Graham v. Graham
  747 F.2d 1383· 11th Cir.· 1984-12-04 ·cited 11×
  The bankruptcy court had jurisdiction to hear the fraudulent conveyance action during the stay period following Northern Pipeline, and the defendants were not entitled to a jury trial.
• Headley v. Pelham
  366 So. 2d 60· Fla. 1st DCA· 1978-12-13 ·cited 11×
  The court held that appellants' judgment lien did not attach to the subject property because title had already passed to the Dugans before the judgment was entered, and the deed transfer was not challenged.
• United States v. Ressler
  576 F.2d 650· 5th Cir.· 1978-07-14 ·cited 11×
  The court held that the statute of limitations for collecting unpaid taxes was extended by an agreement within an offer of compromise, making the suit timely.
• United States v. Bertie
  529 F.2d 506· 9th Cir.· 1976-01-26 ·cited 11×
  The court held that the SBA did not breach any duty to the guarantors by its bid at the trustee sale, and that the conveyances of real property were properly set aside as fraudulent under Idaho law.
• In re Wolverton v. Wolverton
  491 F.2d 361· 9th Cir.· 1974-01-03 ·cited 11×·via Fraudulent Transfer
  The court should reverse and remand, directing the return of money to Time.
• 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.
• Spector v. Ahrenholz
  107 So. 2d 34· Fla. 3d DCA· 1958-11-25 ·cited 11×
  Lloyd and Estelle Spector appealed the dismissal of their suit to recover property they had deeded to L. T. Ahrenholz, claiming the deed was for security only. The court affirmed the dismissal, holding that because the Spectors made the conveyance partly to defraud creditors, the
• B. F. Avery & Sons Co. v. J. Alvan Davis in Bankr. of Alaga Tractor Co.
  226 F.2d 942· 5th Cir.· 1955-11-15 ·cited 11×·via Fraudulent Transfer
  The court held that an unrecorded conditional sales contract under Georgia law was not valid against a subsequent judgment creditor or the trustee in bankruptcy, and the transfer of property under such a contract within four months of bankruptcy constituted a preferential transfe
• Kemp v. Metro. Life Ins. Co.
  205 F.2d 857· 5th Cir.· 1953-07-24 ·cited 11×
  The court held that the trial court erred in excluding testimony regarding the insured's statements about the insurance policy, and that an excessive or capricious donation of community property in fraud of the wife's rights is voidable.
• 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
• Lozora Mary Day and Henry M. Day v. Hurchman
  65 Fla. 186· Fla.· 1913-02-25 ·cited 11×
  This case involves an appeal from a sustained demurrer to a bill of complaint seeking to vacate a prior decree. The appellants alleged fraud in the original suit that led to the decree, particularly concerning the representation made to the minor complainant's guardian. The appel
• Williams v. Crocker
  36 Fla. 61· Fla.· 1895-06-01 ·cited 11×
  Williams sued a banking partnership for recovery of a money deposit, obtained judgment, and sought to garnish assets held by assignee Crocker. The court held that the assignments for benefit of creditors were void for failure to comply with Florida's mandatory statutory requireme
• Reel v. Livingston
  34 Fla. 377· Fla.· 1894-06-01 ·cited 11×
  E. J. Reel, a surety on promissory notes executed by J. H. Livingston, paid a judgment obtained against Livingston and sought to recover from property that Livingston had transferred to his wife. The Florida Supreme Court reversed the lower court's dismissal, holding that a suret
• 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
• Administrator and Administratrix of John Smith v. John C. Poythress and others
  2 Fla. 92· Fla.· 1848-01-01 ·cited 11×
  This case concerns whether a wife's separate estate can be held liable for debts her husband incurred as her agent for the improvement and maintenance of that estate, even though the creditors initially took the husband's notes. The court found the estate liable, emphasizing equi
• Spector v. Robert L. Spector, Robert L. Spector, P.A.
  226 So. 3d 256· Fla. 4th DCA· 2017-05-24 ·cited 10×·via Fraudulent Transfer
  A former wife sought to enforce an alimony judgment against her ex-husband by obtaining proceedings supplementary, challenging the circuit court's conclusion that homestead property and insurance policies are absolutely exempt from contempt enforcement. The appellate court held t
• Nat'l Auto Serv. Ctrs., Inc. v. F/R 550, LLC
  192 So. 3d 498· Fla. 2d DCA· 2016-03-30 ·cited 10×·via Fraudulent Transfer
  This case interprets Florida's Uniform Fraudulent Transfer Act (FUFTA) concerning the timeliness of claims to void fraudulent transfers. The court held that the one-year discovery savings clause in section 726.110(1) is triggered by discovery of the transfer itself, not discovery
• Malave v. Marybell Malave
  178 So. 3d 51· Fla. 5th DCA· 2015-10-09 ·cited 10×
  Christina Malave appealed the family court's dismissal with prejudice of her ancillary petition alleging fraudulent dissipation of marital assets by her deceased husband's attorney and other defendants. The Fifth District Court of Appeal reversed, holding that while the dissoluti
• Edwards v. Airline Support Grp., Inc.
  138 So. 3d 1209· Fla. 4th DCA· 2014-05-28 ·cited 10×·via Avoidance Of Fraudulent Transfers
  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
• Yusem v. S. Fla. Water Mgmt. Dist.
  770 So. 2d 746· Fla. 4th DCA· 2000-11-08 ·cited 10×
  Henry and Judith Yusem appealed a judgment awarding South Florida Water Management District $210,000 based on alleged fraudulent conveyance of settlement funds. The court reversed, holding that Judith Yusem cannot be held liable as a transferee because she had no knowledge of the
• Brake v. Eve E. Murphy and Richard Murphy
  687 So. 2d 842· Fla. 3d DCA· 1996-12-26 ·cited 10×
  The court held that the heirs of an estate were not the proper parties to bring an action to set aside fraudulent conveyances, and the trial court erred in not ruling on the defendants' resulting trust affirmative defense.
• Broxmeyer v. Elie
  647 So. 2d 893· Fla. 4th DCA· 1994-11-16 ·cited 10×·via Fraudulent Transfer
  The court held that a plaintiff cannot recover damages if they fail to prove any damages resulted from the defendant's actions.
• State v. Blackburn
  633 So. 2d 521· Fla. 2d DCA· 1994-03-09 ·cited 10×·via Fraudulent Transfer
  The Department of Insurance, as Receiver of a failed insurance company (AGL), appealed the trial court's dismissal of its complaint against officers, directors, and related entities for breach of fiduciary duty, waste of corporate assets, and civil theft. The appellate court reve
• THE Florida BAR v. Rood
  622 So. 2d 974· Fla.· 1993-06-24 ·cited 10×
  An attorney who knowingly encourages clients to execute false documents filed with a court and who files false affidavits in civil proceedings regarding material facts violates multiple rules of professional conduct and is subject to suspension from practice.
• Lawhon v. Mason
  611 So. 2d 1367· Fla. 2d DCA· 1993-01-22 ·cited 10×·via Fraudulent Transfer
  Joan Lawhon, a defendant in an automobile negligence action, challenged a prejudgment order prohibiting her from transferring assets without notice to the plaintiffs. The Florida appellate court granted her petition for certiorari, finding the trial court lacked authority to issu
• Mellon Bank, N.A. v. Metro Commc'ns
  945 F.2d 635· 3d Cir.· 1991-09-25 ·cited 10×
  The court held that the bankruptcy court erred in finding the bank's security interest a voidable preference and the debtor's guaranty a fraudulent conveyance, reversing the lower court's decision.
• Bakst v. Marks (In Re Marks)
  131 B.R. 220· S.D. Fla.· 1991-08-29 ·cited 10×·via Fraudulent Transfer
  The court held that Florida Statute § 222.21(2)(a) could not be applied retroactively to exempt assets that creditors had a vested interest in prior to the statute's effective date.