Fraudulent Conveyance

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

• 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
• Est. Realty Corp. v. Taubel
  114 Fla. 409· Fla.· 1934-04-02 ·cited 3×
  Estate Realty Corporation mortgaged a Miami Beach hotel to William Taubel in 1928, and the mortgage was later transferred to his wife Anna Taubel. When the mortgagor defaulted, the Taubels sought foreclosure and obtained appointment of a receiver. The defendants challenged the re
• Lavinia Lodiska Jones v. Ledley W. Wear
  111 Fla. 69· Fla.· 1933-06-15 ·cited 3×
  In a creditor's suit against a judgment debtor, the court determined that conveyances of real property made by Hugh Wear to his son Ledley Wear in 1928-1929 were fraudulent transfers intended to hinder collection of debts. The Supreme Court of Florida reversed the trial court's d
• 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
• Wettstein v. Gilbert
  105 Fla. 427· Fla.· 1932-05-05 ·cited 3×
  A bankruptcy trustee filed an equity bill against stockholders alleging they fraudulently obtained stock certificates without paying consideration. The trial court sustained demurrers and dismissed the bill against all defendants, but the Florida Supreme Court affirmed dismissals
• In re S. Fruit & Produce Co.
  S.D. Fla.· 1926-09-16 ·cited 3×
  District court granted creditors' motion to adjudicate Southern Fruit & Produce Co. as bankrupt where the company's answer failed to specifically deny material allegations of fraudulent transfer and preferential payment under bankruptcy rules.
• Boone v. Gay
  89 Fla. 347· Fla.· 1925-04-03 ·cited 3×
  This case consolidated two appeals concerning a corporation organized for religious purposes that was alleged to be a fraudulent scheme for commercial enterprises. The court affirmed the lower court's denial of motions to strike parts of the defendants' answer, finding the challe
• Pinellas Packing Co. v. Clearwater Citrus Growers' Ass'n
  75 Fla. 247· Fla.· 1918-02-13 ·cited 3×
  This is the fourth appeal in a protracted dispute between Pinellas Packing Company and Clearwater Citrus Growers' Association over possession of real property. The court affirms that a decree requiring surrender of possession was properly issued even though the decree followed th
• Adeena Weiss v. Weiss
  Fla. 3d DCA· 2023-10-11 ·cited 2×
  Transfer of stock in a closely held corporation requires documentary evidence sufficient under applicable statutory provisions, and extrinsic evidence of intent alone is insufficient absent such documentation.
• Mai Nguyen v. Huong KIM Huynh
  147 So. 3d 639· Fla. 1st DCA· 2014-09-16 ·cited 2×
  Mai Nguyen appeals a supplemental final judgment of dissolution of marriage. The appellate court found that while most of the trial court's decisions were sound, the equitable distribution scheme relating to rental income from marital properties was improper because the trial cou
• Current Builders OF Fla., Inc. v. Certified Lower Keys Plumbing
  105 So. 3d 582· Fla. 3d DCA· 2012-12-19 ·cited 2×
  The court held that prejudgment interest should be calculated from the date the general contractor received payment, not from the date the subcontractor completed its work. All other rulings were affirmed.
• Desak v. Vanlandingham
  98 So. 3d 710· Fla. 1st DCA· 2012-10-05 ·cited 2×
  The personal representative of Helen Desak's estate appealed the dismissal of a fraudulent transfer claim against Vanlandingham Farms, Inc., challenging whether the statute of limitations had run. The court reversed, holding that recording a deed alone does not establish that a c
• Martineau v. Banco Popular N. Am.
  77 So. 3d 925· Fla. 2d DCA· 2012-01-27 ·cited 2×
• Walker v. Hallmark Bank & Tr., Ltd.
  707 F. Supp. 2d 1322· S.D. Fla.· 2010-03-29 ·cited 2×
  The court granted Hallmark's motion to dismiss based on a mandatory forum selection clause, dismissing the complaint without prejudice against most defendants and with prejudice against Michael Misick.
• Steffen v. United States (In Re Steffen)
  405 B.R. 486· M.D. Fla.· 2009-04-27 ·cited 2×
  The court held that the Government's objection to the homestead exemption was timely filed and that the debtor did not possess a sufficient legal or equitable interest in the property, titled in a partnership's name, to claim it as a homestead exemption.
• Corinne Buckley v. Pappas
  2 So. 3d 376· Fla. 4th DCA· 2008-12-24 ·cited 2×
  In this post-judgment collection action, the Florida Fourth District Court of Appeal affirmed the trial court's denial of appellant's motion to dismiss for lack of personal jurisdiction. The court held that appellant waived the personal jurisdiction defense by failing to raise it
• Brake v. Swan
  733 So. 2d 1051· Fla. 3d DCA· 1999-04-14 ·cited 2×
  Robert Brake appeals orders holding him in contempt for canceling a real estate contract to sell estate property after the probate court authorized the sale, and vesting the personal representative with sole authority to sell Brake's one-half interest. The appellate court affirms
• Gordon v. Aqua-Solar Assocs.
  722 So. 2d 910· Fla. 1st DCA· 1998-12-04 ·cited 2×
  The court held that factual issues exist regarding whether Parkside had implied actual notice of the Gordons' claim, precluding summary judgment.
• Woodell v. Transflorida Bank
  717 So. 2d 108· Fla. 4th DCA· 1998-08-26 ·cited 2×
  Appellants who obtained judgments against debtors appealed the dismissal of their complaint alleging that TransFlorida Bank and related entities fraudulently conspired to hide the judgment debtors' assets through real estate transactions. The court reversed the dismissal on fraud
• Babbit Elecs., Inc. v. Dynascan Corp.
  915 F. Supp. 335· S.D. Fla.· 1995-12-01 ·cited 2×
  The district court affirmed the magistrate judge's report and recommendation, deeming the judgment on order of impleader and imposition of equitable lien as such, and denied the Borensteins' objections.
• Levine v. Constitution Bank
  640 So. 2d 1202· Fla. 2d DCA· 1994-08-03 ·cited 2×
  The court held that the party moving for summary judgment failed to demonstrate conclusively that the nonmoving party cannot prevail, and genuine issues of material fact remain.
• Lewis v. Dep't of Health & Rehabilitative Servs.
  637 So. 2d 966· Fla. 5th DCA· 1994-06-03 ·cited 2×
  Margaret Lewis, as personal representative of a deceased's estate, appeals a summary judgment requiring the estate to repay public assistance benefits. The court held that the Department of Health and Rehabilitative Services (HRS) failed to comply with statutory requirements to r
• Towe Antique Ford Found. v. Internal Revenue Serv.
  999 F.2d 1387· 9th Cir.· 1993-07-22 ·cited 2×
  The court held that the evidence did not support a finding that the transfer of the automobile collection was a fraudulent attempt to evade federal taxes.
• Resolution Tr. Corp. for Peoples Sav. & Loan Ass'ns v. Ruggiero
  994 F.2d 1221· 7th Cir.· 1993-05-20 ·cited 2×
  Orders imposing a resulting trust and requiring turnover of property in a post-judgment supplementary proceeding are appealable as injunctions, and the trial court did not err in granting relief without a formal summary judgment motion when no genuine issues of material fact exis
• High Voltage Eng'g Corp. v. Fed. Ins. Co.
  981 F.2d 596· 1st Cir.· 1992-12-16 ·cited 2×
  The court held that the pollution exclusion clause in the insurance policy barred coverage for claims alleging unfair and deceptive trade practices, as these claims were indirectly or directly related to the discharge or release of pollutants.
• Nat'l Labor Relations Bd. v. Int'l Measurement & Control Co., Inc.
  978 F.2d 334· 7th Cir.· 1992-10-27 ·cited 2×
  The court held that the Dybel family and their related businesses are personally liable for the back pay obligations of the defunct corporation, and that the Board's finding of a single employer was supported by substantial evidence.
• McINTOSH v. L.H. Hough
  579 So. 2d 179· Fla. 5th DCA· 1991-04-11 ·cited 2×
  This case involves a complex scheme of fraudulent property conveyances stemming from a 1979 judgment against L.H. Hough. The court addressed whether subsequent purchasers without actual notice of a lis pendens can raise the unclean hands equitable defense against the original fra
• Chrysler Credit Corp. v. H & H Chrysler-Plymouth-Dodge, Inc.
  927 F.2d 270· 6th Cir.· 1991-03-06 ·cited 2×
  The court held that the disposition of collateral was not commercially reasonable due to lack of proper notice, but remanded for determination of a separate claim regarding vehicles sold out of trust.
• In re Kaiser Steel Corp. v. Frates
  911 F.2d 380· 10th Cir.· 1990-08-10 ·cited 2×
  The court held that section 158(d) of title 28 of the U.S. Code is the exclusive basis for appellate jurisdiction in bankruptcy cases, precluding interlocutory appeals under section 1292(b). However, the court granted a writ of mandamus, finding that bankruptcy judges lack the st
• In re Wolverton Assocs. v. Official Creditors' Comm.
  909 F.2d 1286· 9th Cir.· 1990-07-25 ·cited 2×
  The court held that Wickland's receipt of sale proceeds was a voidable postpetition transfer, but reversed the damages award due to insufficient evidence for the valuation and remanded for recalculation.
• In re Kumar Bavishi & Assocs. (Two Cases) Frederick L. Reigle v. S.S. Mahajan
  906 F.2d 942· 3d Cir.· 1990-06-26 ·cited 2×
  The dissenting judge held that the Appellees failed to establish a defense under sections 547(c)(1) and 547(c)(4) of the Bankruptcy Code because their guarantee did not constitute 'new value' to the debtor. The judge also found that the district court erred in dismissing the stat
• In re Holt v. Holt
  894 F.2d 1005· 8th Cir.· 1990-01-30 ·cited 2×
  The court held that Arkansas Code Ann. § 16-66-209, which exempts life insurance proceeds and cash surrender values, is unconstitutional as applied to debtors in bankruptcy because it directly conflicts with the overriding $500 limitation imposed by Article 9, Section 2 of the Ar
• United States v. Romano
  757 F. Supp. 1331· M.D. Fla.· 1989-11-09 ·cited 2×
  The court held that the conveyance of the Spring Valley property to Anthony Mario Romano was fraudulent and therefore void as to the Romanos' creditors, and that the statute of limitations did not bar the government from enforcing its tax liens.
• Barrett v. Cont'l Ill. Nat'l Bank & Tr. Co.
  882 F.2d 1· 1st Cir.· 1989-08-10 ·cited 2×
  The court held that the district court did not err in finding that the plaintiffs failed to prove a violation of the Uniform Fraudulent Conveyance Act, as the transfer did not leave the company with unreasonably small capital in the context of its winding down operations.
• Murray Diamond v. Am. Legion Cmty. Club OF Coconut Grove, Inc.
  544 So. 2d 239· Fla. 3d DCA· 1989-04-25 ·cited 2×
  A lawsuit to quiet title based on fraudulent conveyance and misrepresentation is not an action founded upon a duly recorded instrument, thus a notice of lis pendens is not effectual beyond one year without court extension.
• Firstmark Cap. Corp. v. Hempel Fin. Corp.
  859 F.2d 92· 9th Cir.· 1988-10-03 ·cited 2×
  A spouse's community property interest in corporate stock and passive receipt of benefits from corporate abuse are insufficient, on their own, to impose alter ego liability.
• Laurence H. Levy v. Kindred
  854 F.2d 682· 4th Cir.· 1988-08-23 ·cited 2×
  The court affirmed the bankruptcy court's judgment, finding ample support in the record for the determination that transfers were made with intent to defraud creditors.
• Exxon Corp. v. The United States
  840 F.2d 916· Fed. Cir.· 1988-03-08 ·cited 2×
  The Claims Court erred in applying the law of the case doctrine to compel allowance of the $9 million bad debt and $2.1 million worthless stock deductions, as prior rulings did not address these specific issues.
• In re Allustiarte v. Allustiarte
  786 F.2d 910· 9th Cir.· 1986-04-07 ·cited 2×
  The court held that the debtors' children's interests in the Storm property were their separate property, thus their spouses were not indispensable parties. The court also held that the absent spouses for the Shipp property were not indispensable parties because their interests w
• In re Black & White Cattle Co. v. Granada Cattle Servs., Inc.
  783 F.2d 1454· 9th Cir.· 1986-03-05 ·cited 2×
  The court held that while the transfer of cattle lacked sufficient change of possession under California Civil Code § 3440, the exception under Commercial Code § 2402(2) for a merchant-seller retaining possession in good faith for a commercially reasonable time may apply, and Gra
• Kathy B. Enters., Inc. v. United States
  779 F.2d 1413· 9th Cir.· 1986-01-06 ·cited 2×
  A bankruptcy discharge of a debtor's tax liability does not affect the liability of a fraudulent transferee under state law, and issues not raised in the lower court are generally not considered on appeal.
• Johnson v. MID States Screw & Bolt Co.
  733 F.2d 1535· 11th Cir.· 1984-06-08 ·cited 2×
  The court held that a fraud claim based solely on violations of the Georgia Bulk Sales Act fails to state a claim, but affirmed the transferor's duty to indemnify the transferee for payments made to creditors.
• Mission BAY Campland, Inc. v. Sumner Fin. Corp.
  731 F.2d 768· 11th Cir.· 1984-05-07 ·cited 2×
  The court held that the foreclosure and transfer of MBC's assets were fraudulent conveyances and that SFC could recover attorney's fees from the fraudulently transferred fund.
• United States v. Pilla
  711 F.2d 94· 8th Cir.· 1983-07-05 ·cited 2×
  The court held that while a federal tax lien can attach to property jointly owned with a non-liable spouse, the non-liable spouse's homestead interest must be recognized and potentially compensated.
• In re Application of Executive Sec. Corp. Executive Sec. Corp. v. DOE
  702 F.2d 406· 2d Cir.· 1983-03-11 ·cited 2×
  The court held that the district court overestimated the harm of releasing grand jury testimony and underestimated the applicant's need, reversing the denial of the application.
• Ratchford v. Manchester Life & Cas. Mgmt. Corp.
  679 F.2d 741· 8th Cir.· 1982-06-03 ·cited 2×
  The court affirmed the district court's judgment on jury verdicts for the defendants, finding no reversible error in the jury instructions or the sufficiency of the evidence.
• Grass v. Great Am. Bank of N. Miami Beach
  414 So. 2d 561· Fla. 3d DCA· 1982-04-27 ·cited 2×
  Alfred and Vera Grass appealed a judgment that voided Alfred's transfer of his homestead interest to his mother and allowed Great American Bank to levy on the property. The court reversed, holding that the property was protected as homestead and therefore not subject to execution
• Reese v. Akai Am. Ltd.
  19 B.R. 83· S.D. Fla.· 1982-03-30 ·cited 2×
  The court held that payments made by Kennedy and Cohen to vendors within four months of bankruptcy constituted voidable preferences because the vendors had reasonable cause to believe the company was insolvent.
• Mesa Petroleum Co. v. Coniglio
  16 B.R. 1015· M.D. Fla.· 1982-01-25 ·cited 2×
  The court held that Mesa's beneficial interest in the four tracts of land, held under a constructive trust, was unaffected by Locke's bankruptcy, and Mesa was entitled to a forced sale of the property to satisfy the judgment debts.
• United States v. Wurdemann
  663 F.2d 50· 8th Cir.· 1981-11-04 ·cited 2×
  The court held that the United States is not bound by state statutes of limitation and that the district court's finding of fraudulent transfer was supported by substantial evidence and not clearly erroneous.