Fraudulent Conveyance

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

• Fauci v. Hannon
  275 F.2d 234· 1st Cir.· 1960-02-24 ·cited 4×
  The court affirmed the order denying Fauci's injunction, finding her claim subordinate to the government's lien. The court vacated the order enjoining Denehy from foreclosing her mortgage, finding the order to discharge the mortgage excessive.
• United States v. Kaplan
  267 F.2d 114· 2d Cir.· 1959-05-22 ·cited 4×
  The court held that the admission of a guilty plea and co-conspirator statements were proper, and affirmed the tax judgment, but reversed the finding of no fraud regarding certain conveyances, finding them fraudulent under the Debtor and Creditor Law due to insolvency and lack of
• 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
• Reconstr. Fin. Corp. v. United Distillers Prods. Corp. & N. Tully Semel
  229 F.2d 665· 2d Cir.· 1956-02-07 ·cited 4×
  The court held that Connecticut law governs the determination of whether a conveyance of real property is fraudulent as to a federal judgment creditor, and affirmed the lower court's finding of a fraudulent conveyance.
• In re the Onondaga Litholite Co. v. Receiver OF Salt Springs Nat'l Bank
  218 F.2d 671· 2d Cir.· 1955-01-19 ·cited 4×
  The Bankruptcy Court was without power to subordinate a creditor's claim when the creditor surrendered fraudulently conveyed or preferentially transferred assets to the bankruptcy estate, as required by Section 57(g) of the Bankruptcy Act.
• Eisenrod v. Utley
  211 F.2d 678· 9th Cir.· 1954-03-01 ·cited 4×
  The court held that the complaint sufficiently alleged fraudulent transfers within the meaning of § 70, sub. e of the Bankruptcy Act, thus establishing the bankruptcy court's jurisdiction.
• Hart v. United States
  207 F.2d 813· 8th Cir.· 1953-11-10 ·cited 4×
  The court held that while the United States could establish its tax lien priority in federal court, it could not enjoin the state court from administering property already in its custody.
• Schuetz et ux. v. Niziolek
  62 So. 2d 704· Fla.· 1953-01-20 ·cited 4×
  Sellers of a tourist court appealed a decree of specific performance requiring them to convey the property to a buyer in exchange for a grocery business. The Florida Supreme Court reversed, finding the buyer materially breached the contract by failing to deliver clear title to th
• Nottingham v. Denison
  63 So. 2d 269· Fla.· 1953-01-13 ·cited 4×
  The Florida Supreme Court addresses the ownership of property traced through multiple conveyances involving bigamous marriages. The court affirmed that a prior valid marriage invalidated Bond's second marriage to Alma, voiding the deed conveying property to them jointly, but reve
• Hollander v. Bankruptcy
  186 F.2d 582· 2d Cir.· 1951-01-29 ·cited 4×
  The bankrupt corporation was liable for wages earned by employees of a separate, controlled corporation because the bankrupt's owner intended to bind both entities and the arrangement was structured to defraud workers.
• Sprague v. Vogt
  164 F.2d 312· 8th Cir.· 1947-11-04 ·cited 4×
  The court held that the trustee failed to prove the property transfers were fraudulent conveyances, and the findings of the trial court were supported by substantial evidence.
• McWILLIAMS v. Edmonson
  162 F.2d 454· 5th Cir.· 1947-06-23 ·cited 4×
  The court held that the transfers of property were fraudulent and ineffective against creditors, as the purported sub-partnership lacked consideration and the transferees did not act in good faith.
• Negin v. Salomon
  151 F.2d 112· 2d Cir.· 1945-08-02 ·cited 4×
  A bankrupt's attempt to secure a creditor with an exempt pension fund does not constitute a surrender of the exemption, and the bankruptcy court lacks jurisdiction to determine the validity of a lien under state law.
• In re Jacoby. Appeal of Fredericks
  138 F.2d 42· 3d Cir.· 1943-09-03 ·cited 4×
  The court held that the trustee of the transferee corporation (House of Jacoby) could not assert a claim to assets that had been fraudulently transferred by the bankrupt individual (Andrew Jacoby) to the corporation, as the assets were not part of the transferee corporation's ban
• Doyle v. Ponsford
  136 F.2d 401· 8th Cir.· 1943-06-21 ·cited 4×
  The appellate court affirmed the district court's order vacating the ex parte order reopening the bankruptcy estate, finding that the appellant failed to preserve issues for review by not raising objections in the lower court.
• Beall v. Pinckney
  132 F.2d 924· 5th Cir.· 1943-01-15 ·cited 4×
  Summary judgment was proper against defendants who admitted facts, but not against a defendant whose interest was not conclusively established by those admissions.
• Mercantile Home Bank & Tr. Co. v. United States
  96 F.2d 655· 8th Cir.· 1938-04-26 ·cited 4×
  The dissenting judge would affirm the judgment, concluding that the transaction, though structured as a sale, effectively impaired or defrauded creditors of the Home Trust Company by leaving them with no recourse for their debts. The judge found that the new entity, appellant, wa
• 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
• Robinson v. Pepper
  94 Fla. 1184· Fla.· 1928-01-04 ·cited 4×
  Bank receivers sought to recover property from a debtor who had fraudulently conveyed land to avoid execution of a judgment for unpaid stock assessments. The Florida Supreme Court affirmed the lower court's decision that the conveyance was a fraudulent transfer made to shield ass
• 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
• Freeman v. Alethea R. Tucker
  79 Fla. 402· Fla.· 1920-03-27 ·cited 4×
  This case concerns a suit for specific performance of a land sale contract. The appellate court reversed a lower court's decision, holding that a demurrer should have been sustained because a necessary party, the subsequent grantee of the land, was not included in the suit.
• Robinson v. Tischler
  69 Fla. 77· Fla.· 1915-02-03 ·cited 4×
  This case concerns whether a state equity court can impose an equitable lien on property fraudulently transferred by a debtor before bankruptcy, even after the debtor's discharge. The Florida Supreme Court reversed the lower court's dismissal, holding that judgment creditors may
• W. C. Barclay and Wife v. Robertson
  67 Fla. 416· Fla.· 1914-04-29 ·cited 4×
  Robertson brought an ejectment action against W.C. Barclay and his wife for possession of 240 acres of land based on a sheriff's sale under execution. Barclay claimed the land was his homestead and introduced a deed to his wife to shield the property from creditors, but the trial
• Mullen v. Camp
  46 Fla. 234· Fla.· 1903-06-01 ·cited 4×
  The Florida Supreme Court affirmed a judgment for plaintiffs in an assumpsit action against W. H. Mullen but reversed and remanded the ancillary attachment proceedings, holding that the evidence did not support the jury's finding that plaintiffs had reason to believe the defendan
• Armstrong v. Holland
  35 Fla. 160· Fla.· 1895-01-01 ·cited 4×
  The Florida Supreme Court reversed a lower court's dissolution of an attachment, holding that a debtor's execution of a mortgage to preferred creditors shortly before making a general assignment for the benefit of all creditors constitutes fraudulent disposition of property in vi
• Halle v. Meinhard Bros. & Co.
  34 Fla. 607· Fla.· 1894-06-01 ·cited 4×
  This case involves a mercantile firm suing a married woman and her husband for goods sold on her credit and the credit of her separate property. The court affirmed the lower court's decision to overrule a demurrer, holding that a married woman's separate property is equitably cha
• H. D. Forbes & Bro. v. Porter
  25 Fla. 362· Fla.· 1889-01-01 ·cited 4×
  Forbes & Bro. appealed a judgment for plaintiff Porter on an open account claim, challenging both the trial court's refusal to rule on a motion to dissolve an attachment and the validity of the attachment bond itself. The Florida Supreme Court held that the attachment bond was de
• McDonald v. Russell
  16 Fla. 260· Fla.· 1877-06-01 ·cited 4×
  In a creditor's bill to subject land to judgment liens, the defendant Boyd demurred on the ground that the original owner Sanford was a necessary party to the suit. The Florida Supreme Court affirmed the trial court's overruling of the demurrer, holding that Sanford's presence wa
• Zinn v. Dzialynski
  13 Fla. 597· Fla.· 1869-01-01 ·cited 4×
  This case clarifies the requirements for an attachment affidavit, holding that minor discrepancies in the amount due do not invalidate the attachment unless they indicate fraud or bad faith. The court also discusses the scope of evidence admissible to prove the grounds for attach
• 17315 Collins Ave., LLC v. Fortune Dev. Sales Corp.
  34 So. 3d 166· Fla. 3d DCA· 2010-05-05 ·cited 3×
  The court affirmed a trial court's decision to pierce the corporate veil between parent company Wavestone Properties and its subsidiary 17315 Collins Avenue, LLC, allowing a judgment creditor's lien to attach to the subsidiary's real property. The court found that Wavestone impro
• Brown v. Nova Info. Sys., Inc.
  903 So. 2d 968· Fla. 5th DCA· 2005-04-29 ·cited 3×
  Kyle Brown, a Texas resident, appeals a trial court's denial of his motion to dismiss for lack of personal jurisdiction in a case brought by Nova Information Systems alleging fraudulent transfer in violation of Florida's Uniform Fraudulent Transfer Act. The appellate court revers
• Rosl, Inc. v. Jardins
  756 So. 2d 1078· Fla. 4th DCA· 2000-04-19 ·cited 3×
  Appellants appealed a bench trial judgment that nullified a real property conveyance and held them jointly and severally liable for any deficiency from the property's sale to satisfy a prior judgment. The court reversed the portion holding Jo Ann La Londe Rios jointly and several
• Robert O. Lippi for Pac. Indus. Distribs., Inc. v. City Bank
  955 F.2d 599· 9th Cir.· 1992-01-23 ·cited 3×
  The court held that the district court erred in applying the standing test on a defendant-by-defendant basis and that the trustee had standing to challenge transfers violating H.R.S. § 416-28. However, the court affirmed the district court's refusal to enter a judgment declaring
• Growers Packing Co. v. Cmty. Bank of Homestead
  134 B.R. 438· S.D. Fla.· 1991-07-30 ·cited 3×
  The court held that the Seventh Amendment guarantees a jury trial for preference claims seeking monetary relief, and that bankruptcy courts lack statutory authority to conduct jury trials for such claims.
• In re Hooker Invs., Inc. v. Hooker Invs., Inc.
  937 F.2d 833· 2d Cir.· 1991-06-28 ·cited 3×
  The court dismissed the appeal for lack of appellate jurisdiction, treating it as a petition for writ of mandamus, and denied the relief sought.
• In re Herbert E. Russell. William Russell Gibson and F.H. Martin v. United States
  927 F.2d 413· 8th Cir.· 1991-03-07 ·cited 3×
  The court held that the trustee's claims to avoid irrevocable elections under sections 548 and 549 of the Bankruptcy Code were barred by the relevant statutes of limitations and the plain language of 26 U.S.C. § 1398(g)(1).
• Roth v. Iacovelli (In Re Southeast Connectors
  113 B.R. 85· S.D. Fla.· 1990-04-06 ·cited 3×
  The court held that an action to recover fraudulently transferred real property is an action at law, entitling the defendant to a jury trial.
• State v. Govaert (In Re Miami Gen. Hosp.
  111 B.R. 363· S.D. Fla.· 1990-02-02 ·cited 3×
  The court held that the Receiver's claim for administrative priority was properly denied because it constituted an insider claim subject to equitable subordination, and the Receiver was not a custodian under the Bankruptcy Code.
• United States v. Ernestine Horton
  760 F.2d 1225· 11th Cir.· 1985-05-21 ·cited 3×
  The court held that the trial court's finding of sufficient evidence to rebut the government's prima facie case of fraud was clearly erroneous due to a lack of evidence regarding the proportionate value of the husband's contributions.
• Eyler v. Commissioner OF Internal Revenue
  760 F.2d 1129· 11th Cir.· 1985-05-20 ·cited 3×
  The court held that the Tax Court correctly found a fraudulent transfer under Indiana law, but erred in applying an incorrect rule of law regarding the effect of a retransfer of property to avoid transferee liability.
• United States v. (1) 30 Foot 1982 Morgan
  1984 U.S. Dist. LEXIS 19480· M.D. Fla.· 1984-02-14 ·cited 3×
• Dean v. Heimbach
  409 So. 2d 157· Fla. 1st DCA· 1982-01-28 ·cited 3×
  William Dean and his sons appealed a judgment that set aside their conveyances of homestead property and allowed attachment by a judgment creditor. The court reversed, holding that homestead property is exempt from creditor claims and cannot be fraudulently conveyed because credi
• J-R Grain Co. v. FAC, Inc.
  627 F.2d 129· 8th Cir.· 1980-07-31 ·cited 3×
  The court affirmed the district court's judgment, finding no clear error in its determination that there was insufficient evidence of conspiracy, fraud, or inadequate capitalization to hold individual defendants or related entities liable beyond the breaching corporation.
• Betts v. Hawkins
  202 So. 2d 135· Fla. 2d DCA· 1967-09-08 ·cited 3×
  Eleanor Hawkins challenged conveyances of homestead property executed by Frank Betts and his wife Elizabeth (Hawkins's stepmother) on grounds that the deeds violated her homestead rights and lacked valuable consideration. The Florida Court of Appeal reversed the trial court's dec
• Howard v. Howard
  130 So. 2d 83· Fla. 1st DCA· 1961-05-09 ·cited 3×
  Charles Franklin Howard appeals a contempt conviction for failing to pay increased alimony to his ex-wife, Della Jane Howard. The court affirms the contempt finding, holding that Howard's financial ability to pay is not defeated by the fact that property he acquired after divorce
• Long v. Hayslip
  227 F.2d 555· 5th Cir.· 1955-11-23 ·cited 3×
  The court held that the bankrupt's fraudulent conveyance did not deprive him of his homestead exemption because the prior jury finding of fraud was not res judicata on the issue of concealment and the bankrupt did not waive his right to present further evidence.
• 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
• Holley v. Shaw
  143 Fla. 445· Fla.· 1940-06-21 ·cited 3×
  This case involves a petition for writ of scire facias seeking execution on a deficiency decree. The Florida Supreme Court affirmed the lower court's judgment, rejecting claims that an assignment of judgment was fraudulent and void, finding the record amply supported the trial co
• Burgoyne v. Chadwick Mather Co.
  129 Fla. 850· Fla.· 1937-11-05 ·cited 3×
  The Florida Supreme Court affirmed a lower court's decision dismissing a widow's lawsuit. The widow alleged that two companies fraudulently sold assets to hinder her collection of a debt owed by a third company, but the court found no abuse of discretion by the chancellor in dism
• Lovett v. Peoples First Nat'l Bank of Quitman
  130 Fla. 142· Fla.· 1937-01-20 ·cited 3×
  A widow sought to enforce a mortgage executed by her deceased husband on real property to secure insurance proceeds from a destroyed dwelling. The Florida Supreme Court affirmed the trial court's decision to invalidate the mortgage, holding that it was executed fraudulently to de