Fraudulent Conveyance

1,103 Florida cases classified under this topic · sorted by citation count

• B & I Contractors, Inc. v. MEL RE Constr. Mgmt.
  66 So. 3d 1035· Fla. 2d DCA· 2011-08-03 ·cited 4×
  B & I Contractors appeals a trial court order denying its motion for proceedings supplementary to execute a judgment against Mel Re Construction Management. The court holds that B & I's motion was facially sufficient and that the trial court erred in refusing to conduct proceedin
• Prince v. Underhill
  670 So. 2d 92· Fla. 5th DCA· 1996-02-16 ·cited 4×
  Prince, a corporation that purchased assets from TASC, sought an interpleader action to resolve conflicting claims by Underhill (who obtained a judgment against Travel About) and TASC regarding installment payments Prince owed under promissory notes. The court affirmed the trial
• In re Erin Food Servs., Inc. v. Cambridge Meridian Grp., Inc.
  980 F.2d 792· 1st Cir.· 1992-11-23 ·cited 4×
  A transfer to a non-insider creditor is not avoidable as a preference under the extended one-year period unless the insider-guarantor received a cognizable, quantifiable monetary benefit, such as a reduction in their contingent liability.
• Miller v. Alamo
  975 F.2d 547· 8th Cir.· 1992-09-21 ·cited 4×
  The court held that the proceeds from the sale of personal property were not the property of the delinquent taxpayer (Alamo) under Arkansas law, and therefore the federal tax lien could not attach to them.
• Sandlin v. Corporate Interiors Inc.
  972 F.2d 1212· 10th Cir.· 1992-08-18 ·cited 4×
  A federal court's ancillary jurisdiction to enforce a judgment does not extend to new claims against non-parties that arise from different operative facts and legal theories than the original judgment, requiring an independent basis for jurisdiction.
• Resolution Tr. Corp. for Peoples Heritage Sav. v. Cruce
  972 F.2d 1195· 10th Cir.· 1992-08-17 ·cited 4×
  The court held that the RTC met the "fair ground for litigation" standard for a preliminary injunction, even without showing irreparable injury, due to statutory modifications and that the district court did not abuse its discretion in freezing assets alleged to be fraudulently c
• Perrott v. Frankie
  605 So. 2d 118· Fla. 2d DCA· 1992-08-14 ·cited 4×
  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
• In re Walter J. Giller, Jr., M.D. v. Walter J. Giller, Jr., M.D., P.A.
  962 F.2d 796· 8th Cir.· 1992-04-23 ·cited 4×
  The court held that substantive consolidation of the debtors' bankruptcy cases was appropriate, and the trustee retained the power to avoid transfers to third parties for the benefit of other debtors.
• In re Kaiser Steel Corp. v. Pearl Brewing Co.
  952 F.2d 1230· 10th Cir.· 1991-12-30 ·cited 4×
  Consideration paid to shareholders for their stock in a leveraged buyout is exempt from a trustee's avoiding powers under section 546(e) of the Bankruptcy Code as 'settlement payments' made by or to a stockbroker, financial institution, or securities clearing agency.
• In re Marquam Inv. Corp. v. Erwin & Erwin, P.C.
  942 F.2d 1462· 9th Cir.· 1991-08-26 ·cited 4×
  The court held that the bankruptcy court clearly erred in finding that the debtor corporation agreed to pay the law firm for legal services, as the claim lacked sufficient evidence and proper scrutiny due to the insiders' status.
• Torcise v. Cmty. Bank of Homestead
  131 B.R. 503· S.D. Fla.· 1991-08-15 ·cited 4×
  The bankruptcy court cannot conduct a jury trial on the preference and fraudulent conveyance claims because they are legal in nature and the Defendant is entitled to a jury trial, but the jury demand for the equitable subordination claim is stricken.
• First Nat'l Bank & Tr. Co. v. A.L. Hollingsworth, Jr.
  931 F.2d 1295· 8th Cir.· 1991-05-01 ·cited 4×
  The court held that the district court abused its discretion in barring a defendant from testifying, requiring a new trial on the RICO claim against him. It also affirmed the dismissal of the wrongful attachment counterclaim due to speculative damages.
• Harper v. United States
  769 F. Supp. 362· M.D. Fla.· 1991-04-30 ·cited 4×
  The court held that the IRS's transferee jeopardy assessment was reasonable, and the amount, after specified abatements, was appropriate under the circumstances.
• The Golden Budha Corp. v. The Canadian Land Co. OF Am., N.V.
  931 F.2d 196· 2d Cir.· 1991-04-22 ·cited 4×
  The court held that the district court erred in dismissing the conversion, fraudulent conveyance, and constructive trust claims, and that the plaintiff should be allowed to amend the fraud claim.
• Voest-Alpine Trading USA Corp. v. Vantage Steel Corp.
  919 F.2d 206· 3d Cir.· 1990-11-13 ·cited 4×
  The court held that the constructive trust imposed on the Stablers' interest in Vantage stock was an improper remedy for unsecured creditors of Paige, as it did not place them in the same position as before the fraudulent conveyance.
• In re Caesar C. Latimer v. Latimer
  918 F.2d 136· 10th Cir.· 1990-11-07 ·cited 4×
  The court held that a party seeking a jury trial in a bankruptcy adversary proceeding must request a transfer to the district court to avoid waiver, and that an oral request for a jury trial is insufficient.
• Zahra Spiritual Tr. v. United States
  910 F.2d 240· 5th Cir.· 1990-08-29 ·cited 4×
  The court held that the district court's findings of intertwined finances were not clearly erroneous, but that an alter ego relationship under Texas law requires the individual to have some ownership interest in the corporation, which was not established here. The court vacated a
• Weitzman v. Stein
  897 F.2d 653· 2d Cir.· 1990-03-01 ·cited 4×
  An injunction freezing a party's assets was improperly entered because it lacked notice to the party and the court failed to make required findings of fact and conclusions of law, and because personal jurisdiction had not been sufficiently established.
• Ruddy v. Ashton
  554 So. 2d 557· Fla. 5th DCA· 1989-12-07 ·cited 4×
  The court held that a judgment creditor must establish a prima facie case by sworn testimony before impleading a third party in supplementary proceedings.
• Reiss v. Guilford Hagmann
  881 F.2d 890· 10th Cir.· 1989-07-28 ·cited 4×
  The bankruptcy court abused its discretion in approving a compromise settlement over the objection of the sole creditor when the creditor offered to bear all litigation costs and the settlement did not resolve the underlying dispute regarding the creditor's status.
• United States v. Four Parcels OF Real Prop. ON Lake Forrest Circle IN Riv-Erchase
  870 F.2d 586· 11th Cir.· 1989-04-19 ·cited 4×
  The court held that the attorneys' mortgages were invalid under Alabama law due to insufficient description of the debt, and that the attorneys had no independent Sixth Amendment right to the property or standing to assert their client's rights. The court also held that the Unite
• Warrington v. First Valley Bank
  531 So. 2d 986· Fla. 4th DCA· 1988-09-07 ·cited 4×
  First Valley Bank sought to appoint a receiver for corporations owned by its judgment debtor Warrington, alleging fraudulent conveyance of stock to family members. The court reversed the receiver appointment, holding that a judgment creditor of a former stockholder lacks standing
• Fed. Deposit Ins. Corp. v. Alton E. Jones
  846 F.2d 221· 4th Cir.· 1988-05-05 ·cited 4×
  The court held that the district court's failure to set forth findings of fact and conclusions of law for its rulings on preliminary injunctions constituted reversible error, requiring remand.
• Flip Mortg. Corp. v. McELHONE
  841 F.2d 531· 4th Cir.· 1988-03-04 ·cited 4×
  Directors who continue to operate a dissolved corporation's business in violation of Virginia law are personally liable for corporate debts incurred both before and during dissolution, and this liability is not discharged by corporate reinstatement.
• RAY E. Friedman & Co. v. Jenkins
  824 F.2d 657· 8th Cir.· 1987-07-27 ·cited 4×
  The court held that the district court's finding of fraudulent conveyance was not clearly erroneous and that the appellant could not use a post-judgment motion to introduce new issues.
• The Bank OF Montreal v. Malinski
  498 So. 2d 440· Fla. 3d DCA· 1986-07-08 ·cited 4×
  The court affirmed summary judgment on counts III-VI but reversed and remanded count II, holding that a creditor may pursue a fraudulent conveyance action under Florida law even when the conveyance predates the debt if the debtor intended to defraud the subsequent creditor, and t
• Pollock v. Emil Morton
  455 So. 2d 574· Fla. 3d DCA· 1984-08-28 ·cited 4×
  Benjamin Pollock appealed a judgment granting Emil Morton an equitable lien on property held by T & M Investments, Inc. The Florida District Court of Appeal reversed, holding that advancing money to a corporation for real property acquisition does not create an equitable lien abs
• The Clarkson Co. Ltd. in Bankr. v. Shaheen
  716 F.2d 126· 2d Cir.· 1983-08-15 ·cited 4×
  The court held that once securities are taken into court custody for the benefit of a judgment creditor, no subsequent levy by other creditors can gain priority over the initial creditor's claim.
• In re Treadwell v. Treadwell
  699 F.2d 1050· 11th Cir.· 1983-03-07 ·cited 4×
  Accumulated social security benefits transferred as gifts within one year of bankruptcy are avoidable as fraudulent conveyances under the Bankruptcy Code, as the Social Security Act's exemption is not absolute and requires an election.
• Carr Enters., Inc. v. United States
  698 F.2d 952· 8th Cir.· 1983-02-07 ·cited 4×
  The court held that a corporation cannot assert the individual due process rights of taxpayers and that transfers of property to the corporation were fraudulent conveyances, making the federal tax liens valid against the property.
• EL Paso Natural GAS Co. v. W. Bldg. Assocs.
  675 F.2d 1135· 10th Cir.· 1982-04-21 ·cited 4×
  The court held that specific performance of the option to purchase the entire 8.08 acre tract was proper, and that the trial court did not err in its equitable adjustments to the purchase price or in cancelling a long-term lease entered into by the seller.
• 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.
• In re Berez v. The Drovers Nat'l Bank OF Chicago & Abe Schuckman
  646 F.2d 420· 9th Cir.· 1981-05-29 ·cited 4×
  The court held that a sale and leaseback transaction, where the property never left the seller's possession and served as collateral for a loan, is a secured loan and exempt from California's fraudulent conveyance statute.
• John Ownbey Co., Inc. v. Commissioner OF Internal Revenue
  645 F.2d 540· 6th Cir.· 1981-04-02 ·cited 4×
  The court held that the Commissioner failed to prove International was insolvent at the time of the asset transfers to Ownbey, which is a necessary element for transferee liability under Tennessee law.
• In re Automated Bus. Sys., Inc. v. United States
  642 F.2d 200· 6th Cir.· 1981-03-11 ·cited 4×
  A transferee who accepts payment from a transferor without knowledge of the transferor's intent to defraud creditors must not return the payment if the transferee acted in good faith and without collusion.
• Walter J. Kassuba Realty Corp. v. Hemmerle (In Re Kassuba)
  10 B.R. 309· S.D. Fla.· 1981-03-11 ·cited 4×
  The court held that the transfers of funds to Hemmerle Development Corp. (HDC) were fraudulent and that HDC was the alter ego of Kenneth V. Hemmerle, Sr., allowing the judgment creditor to satisfy the judgment from HDC's assets.
• 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.
• Lovett v. Shuster
  633 F.2d 98· 8th Cir.· 1980-10-22 ·cited 4×
  The court held that the erroneous consideration of deposition testimony was harmless error, and that perfection of a security interest in instruments under Minnesota law occurs upon possession, not formal assignment.
• United States v. Madsen
  620 F.2d 233· 10th Cir.· 1980-04-28 ·cited 4×
  The court held that a defendant's representations of clear title to collateral, when the collateral had already been sold, constituted false statements under 18 U.S.C. § 1014, and the defense of legal impossibility was not applicable.
• Nat'l Carloading Corp. & Goodyear Tire & Rubber Co. v. Astro van Lines, Inc.
  593 F.2d 559· 4th Cir.· 1979-02-27 ·cited 4×
  The court held that a transferee corporation and its sole stockholder could be held liable for the transferor corporation's debts when the transfer was made to hinder creditors, and that punitive damages were properly awarded.
• Love v. Elliott
  350 So. 2d 93· Fla. 1st DCA· 1977-09-12 ·cited 4×
  An 87-year-old illiterate widow sought rescission of a mineral deed after discovering that the deed conveyed substantially more mineral interests than the two acres she orally agreed to sell. The appellate court reversed the rescission judgment, holding that bona fide purchasers
• Misty Mgmt. Corp. v. Lockwood
  539 F.2d 1205· 9th Cir.· 1976-06-23 ·cited 4×
  The court held that First American's unsecured claim against the bankrupt estate cannot exceed the claim of Tri-Aviation, given First American's actual fraudulent intent.
• Jamison v. Miracle Mile Rambler, Inc.
  536 F.2d 560· 3d Cir.· 1976-05-19 ·cited 4×
  Summary judgment was improperly granted because disputed issues of material fact existed regarding the insurer's alleged bad faith and fraud in settling the excess judgment claim, and the protective order preventing discovery was erroneous.
• United States v. Perry
  473 F.2d 643· 5th Cir.· 1973-01-08 ·cited 4×
• In re Est. of Jacob S. Wall. Sol M. Alpher v. Nathaniel A. Preston C.T.A. of the Estate of Jacob S. Wall
  440 F.2d 215· D.C. Cir.· 1971-02-23 ·cited 4×
  The court held that the proceeds from the sale of real estate held as tenants by the entireties, when deposited in the same form of cotenancy, remain subject to the same protections against claims of separate creditors as the original real estate.
• Giblin v. Beeler
  396 F.2d 584· 10th Cir.· 1968-06-20 ·cited 4×
  The court held that the trial court erred in granting judgments notwithstanding the verdict for the plaintiff on Note 2 and Note 5, and that the jury's verdicts on these notes should be reinstated.
• Desmond v. Moffie
  375 F.2d 742· 1st Cir.· 1967-04-13 ·cited 4×
  The court held that a trustee's suit to set aside a fraudulent conveyance under Section 70(e) of the Bankruptcy Act, based on state fraudulent conveyance law, is considered a contract action for statute of limitations purposes in Massachusetts.
• Arnold v. Arnold
  356 F.2d 873· 9th Cir.· 1966-02-28 ·cited 4×
  The court held that the amended plan of arrangement, being substantially similar to the original plan previously found fraudulent, could not be confirmed.
• Brownstone, Inc. v. Miami Nat'l Bank
  165 So. 2d 262· Fla. 3d DCA· 1964-06-16 ·cited 4×
  A judge of the civil court of record has the authority to implead third parties in supplementary proceedings to execution, and a late request for a jury trial in such proceedings can be denied.
• Ioannis Koufopantelis v. CIA. DE NAV. SAN George, S.A.
  291 F.2d 709· 2d Cir.· 1961-05-26 ·cited 4×