Fraudulent Conveyance

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

• Pers. JET, Inc. v. Callihan
  624 F.2d 562· 5th Cir.· 1980-08-20 ·cited 2×
  The court held that the conveyances of aircraft were made for fair consideration and without fraudulent intent, and that the Bank's security interests under the Uniform Commercial Code were superior to Callihan's judgment lien.
• Winthrop J. Allegaert in Bankr. of duPont Walston, Inc. v. Chem. Bank
  657 F.2d 495· 2d Cir.· 1980-08-19 ·cited 2×
  The court held that the security interest attached on July 2, 1973, making the transfer more than four months before bankruptcy, and that the DGF debenture qualified as an instrument under the UCC, allowing perfection by possession.
• Bill Voorhees Co., Inc. v. R & S Camper Sales OF Birmingham, Inc.
  605 F.2d 888· 5th Cir.· 1979-11-01 ·cited 2×
  A transferee who fails to comply with the Alabama Bulk Transfers Act's notice provisions is not personally liable to the transferor's unpaid creditors for the value of property already sold to good faith purchasers.
• In re Sw. Rest. Sys., Inc. v. Stockton & Hing
  607 F.2d 1243· 9th Cir.· 1979-09-05 ·cited 2×
  The court held that an attorney's retaining lien on stock is subject to prior valid offsets against the client, and that garnishment served on the issuer can perfect a lien on stock even if the certificate is voided.
• In re Eufaula Enters., Inc. v. Nesbitt
  565 F.2d 1157· 10th Cir.· 1977-11-21 ·cited 2×
  The court held that a bankruptcy referee may disregard the fiction of separate legal entities and order the turnover of assets when one entity is found to be a sham or alter ego of the debtor, even if ostensibly formed in the public interest.
• Walker v. Walker
  336 So. 2d 1259· Fla. 2d DCA· 1976-09-15 ·cited 2×
  Robert S. Walker appealed a summary judgment quieting title in his son Robert A. Walker and daughter-in-law to property formerly held as an estate by the entireties. The court affirmed, holding that Walker's conveyance of the property to his son without his wife's joinder was ine
• United States v. Flores
  535 F.2d 135· 1st Cir.· 1976-05-05 ·cited 2×
  The court held that Puerto Rico failed to designate an office for filing federal tax liens on personal property, thus the IRS's filings in the federal district court were proper and granted priority. The court also held that summary judgment on the fraudulent conveyance claim was
• Ranger Ins. Co. v. Airvac, Inc.
  302 So. 2d 801· Fla. 4th DCA· 1974-08-30 ·cited 2×
  This case involves an appeal from a judgment entered after a jury verdict for the plaintiff, where the appellate court is determining whether the trial court erred in vacating its prior order that had permitted the defendant to amend its answer to include a fraudulent conveyance
• Fiberchem, Inc. v. Gen. Plastics Corp.
  495 F.2d 737· 9th Cir.· 1974-04-09 ·cited 2×
  The court held that the majority's reliance on latent equity and Poggi was misplaced, and that the case should be remanded for findings on unjust enrichment.
• Bishop v. Dura-Lite Mfg. Co.
  489 F.2d 710· 6th Cir.· 1973-12-27 ·cited 2×
  A successor corporation that is merely a continuation of a predecessor and formed to escape the predecessor's debts is deemed to have assumed those debts under Tennessee law.
• In re Jackson Sound Studios, Inc. v. Travis
  473 F.2d 503· 5th Cir.· 1973-02-08 ·cited 2×
  The court held that the attempted ratification of the security agreement was void and that the delayed perfection of the security interest constituted a fraudulent transfer under the Bankruptcy Act.
• United States v. Certain Parcel OF Land IN Wayne Cnty.
  466 F.2d 1295· 6th Cir.· 1972-09-19 ·cited 2×
  The court held that the government failed to prove that a conveyance of land was fraudulent or that the grantee was an alter ego of the grantor, thus precluding a set-off for project enhancement.
• In re Steel Structures, Inc. v. Star Mfg. Co. & Detroit Gasket & Mfg. Co.
  466 F.2d 207· 6th Cir.· 1972-08-03 ·cited 2×
  The court affirmed the lower court's decision, holding that the transaction constituted a fraudulent conveyance and a voidable preference under the Bankruptcy Act.
• Ludwika Suprun v. Suprun
  235 So. 2d 744· Fla. 3d DCA· 1970-05-26 ·cited 2×
  Ludwika Suprun appeals a summary judgment declaring homestead property conveyed to her and her deceased husband void. The appellate court reverses, finding genuine issues of material fact regarding whether the conveyance was supported by valuable consideration, which is a prerequ
• United States v. Mitchell
  413 F.2d 181· 7th Cir.· 1969-07-11 ·cited 2×
  The court held that the government properly assessed cabaret excise taxes and income tax deficiencies based on net worth analysis, and that the taxpayers' transfer of real estate was void as fraudulent against the government.
• Hallack v. Hawkins
  409 F.2d 627· 6th Cir.· 1969-04-08 ·cited 2×
  The court held that the statute of limitations for an action to recover the value of real property fraudulently conveyed begins to run from the date of the fraudulent conveyance, not from a later act in furtherance of the fraud.
• Merit Clothing Co. v. Lees
  218 So. 2d 779· Fla. 2d DCA· 1969-02-12 ·cited 2×
  Shoe and clothing companies appeal a summary judgment in favor of defendants in a dispute over priority of claims to assets of a clothing store. The court held that a bulk sale of inventory in satisfaction of an unrecorded chattel mortgage violates Florida's Bulk Sales Act and th
• Nat'l Acceptance Co. OF Am. v. Wallace
  210 So. 2d 455· Fla. 1st DCA· 1968-05-07 ·cited 2×
  A creditor cannot file a bill to set aside fraudulent conveyances without first obtaining a judgment at law or its equivalent creating a lien on the property.
• Bentley Brahman Ranch, Inc. v. City Nat'l Bank OF Miami Beach
  202 So. 2d 863· Fla. 2d DCA· 1967-09-29 ·cited 2×
  The court held that the conveyance was not fraudulent and affirmed the lower court's decree granting reformation of the mortgage.
• Mullen v. Mullen
  184 So. 2d 917· Fla. 2d DCA· 1966-04-06 ·cited 2×
  This appeal concerns competing claims to assets of an ex-husband by his first and second ex-wives over past-due alimony. The court affirmed the trial court's denial of the first wife's attempt to reach property held in tenancy by the entirety and later divided upon divorce, rejec
• Automatic Canteen Co. OF Am. v. Wharton
  358 F.2d 587· 2d Cir.· 1966-03-29 ·cited 2×
  The court held that directors of an insolvent corporation are trustees for creditors, and thus a constructive trust can be impressed upon assets distributed to stockholders, allowing creditors to follow the property.
• Erna Brand Zeddies and Ann Louise Henderson v. United States
  357 F.2d 897· 7th Cir.· 1966-03-03 ·cited 2×
  The court held that the government failed to prove the 1953 conveyance was fraudulent, thus reversing the judgment allowing foreclosure of tax liens.
• In re 716 Third Ave. Holding Corp. v. A. G. V. Assocs., Inc.
  340 F.2d 42· 2d Cir.· 1964-12-31 ·cited 2×
  The court held that the transaction, appearing as an assignment with an option to repurchase, may in fact be a mortgage, and the referee erred by not considering all evidence, particularly the property's value, to determine its true nature.
• Frell v. Frell
  162 So. 2d 293· Fla. 3d DCA· 1964-03-24 ·cited 2×
  In this interlocutory appeal in a divorce case, the husband challenges the trial court's denial of his motion for equitable relief after his former wife purchased property at an execution sale for $5,000—property that had been valued at $50,000 when the court set aside his fraudu
• Carl M. Field in Bankr. in the Est. of Giant Outlet Mkt., Inc. v. Bankers Tr. Co. & First Nat'l City Bank of N.Y.
  296 F.2d 109· 2d Cir.· 1961-11-08 ·cited 2×
  The court held that the banks were not liable for capital impairment under New York Stock Corporation Law § 58 because they lacked the requisite knowledge of the impropriety of the transactions and were not obligated to conduct extensive investigations.
• Brooks v. Roslyne Levin
  123 So. 2d 45· Fla. 3d DCA· 1960-09-19 ·cited 2×
  Brooks appealed a chancellor's judgment awarding $27,800 plus interest to Van Straaten's estate on a promissory note. The court reversed, holding that a creditor lacking a judgment at law cannot bring an equity action to obtain a money judgment and enjoin asset disposition; inste
• Flynn v. O'Dell
  281 F.2d 810· 7th Cir.· 1960-08-03 ·cited 2×
  A conveyance made by a debtor within one year of bankruptcy, without consideration, and which impairs creditors' rights, can be set aside by the trustee as fraudulent under state law, even if actual insolvency is not strictly proven.
• Frederica Gonterman v. John Nicholas in Bankr. of Osceola Groves, Inc.
  270 F.2d 509· 5th Cir.· 1959-10-06 ·cited 2×
  A conveyance cannot be fraudulent as to creditors if no creditors existed at the time of the transfer, and a conveyance with adequate consideration, even between related parties, is not fraudulent.
• Kindom Uranium Corp. v. Harry V. Vance in Bankruptcy of Edith M. Cole
  269 F.2d 104· 10th Cir.· 1959-07-16 ·cited 2×
  A bankruptcy trustee's rights under Section 67(d) of the Bankruptcy Act are not limited by the rights of the bankrupt or existing creditors, and a transfer without fair consideration by a debtor who believes they will incur debts beyond their ability to pay is fraudulent as a mat
• Daviditis v. Nat'l Bank OF Mattoon
  262 F.2d 884· 7th Cir.· 1959-01-22 ·cited 2×
  The court held that the district court correctly dismissed the complaint for lack of subject matter jurisdiction, as the claims presented did not arise under federal law.
• The First Nat'l Bank OF Chicago v. Commissioner OF Internal Revenue
  255 F.2d 759· 7th Cir.· 1958-05-22 ·cited 2×
  The court affirmed the Tax Court's decision, holding that the transferred assets to the trusts were not transferred for adequate consideration and thus could be reached by the government for unpaid taxes.
• Thoni Trucking Co., Inc. v. Elden M. Foster
  243 F.2d 570· 6th Cir.· 1957-04-26 ·cited 2×
  The court held that the owner of a corporation could be held personally liable for corporate debts when he used his control to fraudulently deprive creditors of recovery.
• Chapman v. England
  231 F.2d 606· 9th Cir.· 1956-03-13 ·cited 2×
  The court held that a chattel mortgage, not properly recorded in the county where the property was removed, became void as to the bankruptcy trustee after 30 days, thus the mortgagee had no secured claim. The court also held that a fraudulent bill of sale did not confer ownership
• Kemp v. Metro. Life Ins. Co.
  220 F.2d 952· 5th Cir.· 1955-03-30 ·cited 2×
  The court held that the district court's findings of fact were not clearly erroneous and affirmed the judgment.
• United States v. Fid. & Deposit Co. of Md.
  214 F.2d 565· 5th Cir.· 1954-07-06 ·cited 2×
  The court held that a bona fide mortgagee's lien is superior to prior federal tax liens when the mortgagee had no notice of the mortgagor's fraudulent conveyance of the property. It also held that federal tax liens do not automatically attach to property fraudulently conveyed bef
• United States v. Kensington Shipyard & Drydock Corp.
  187 F.2d 709· 3d Cir.· 1951-03-02 ·cited 2×
  The court held that the district court had discretion in distributing the fund and did not abuse it by ordering the fund turned over to the primary receiver, and that vacation pay claims should be treated as administrative expenses of a single, continuous receivership.
• Mendez v. Mendez
  176 F.2d 849· 1st Cir.· 1949-09-21 ·cited 2×
  The court held that the trial court erred in ordering corporate officers to repay salaries directly to shareholders and in ordering a defendant to repay funds from endorsed checks, as these actions should be brought by the corporation. However, the court affirmed findings related
• Pauling v. Pauling
  159 F.2d 531· 8th Cir.· 1947-01-06 ·cited 2×
  The court held that the creation of joint tenancies and the payment of life insurance premiums were not fraudulent transfers because the decedent was solvent and the transfers did not hinder, delay, or defraud creditors.
• Snider v. Kelly
  135 F.2d 817· D.C. Cir.· 1943-04-26 ·cited 2×
  The court held that a conveyance made without consideration is not automatically void if the parties acted with honest intent and the conveyance does not hinder, delay, or defraud creditors.
• State of N.D. v. Szarkowski
  134 F.2d 201· 8th Cir.· 1943-03-15 ·cited 2×
  The court held that the unrecorded deed was valid and the bankrupt owned the land subject to the mortgage, thus it could not be excluded from bankruptcy proceedings.
• Wimmers v. Blackburn
  151 Fla. 236· Fla.· 1942-07-28 ·cited 2×
  A receiver of B.L.E. Realty Corporation brought a creditor's bill against Mary M. Blackburn to recover property allegedly transferred fraudulently by the Brotherhood of Locomotive Engineers to hinder creditors. The Florida Supreme Court affirmed the lower court's decree, holding
• Walker v. Lightfoot
  124 F.2d 3· 9th Cir.· 1941-12-02 ·cited 2×
  The court held that the power plant, transmission line, and personal property constituted improvements or were conveyed by a valid bill of sale, thus vesting title in the appellee.
• Adair v. Shallenberger
  119 F.2d 1017· 7th Cir.· 1941-05-26 ·cited 2×
  A conveyance made with intent to defraud creditors is void, and laches can bar claims arising from stale demands.
• Coconut Grove Exch. Bank v. Fleming Novelty Works
  107 Fla. 1· Fla.· 1932-10-08 ·cited 2×
  Coconut Grove Exchange Bank sought to foreclose on chattel mortgages held by Fleming Novelty Works, but the court upheld the lower court's finding that the mortgages and subsequent assignments lacked valid consideration and were not made in good faith, making them void as to cred
• Gettis A. Henderson v. Henderson
  87 Fla. 470· Fla.· 1924-05-14 ·cited 2×
  This case involves a dispute over a debt and a guardian's bond. The appellant, a guardian, sought an injunction to prevent his ward and sureties from collecting a judgment, arguing it was part of a fraudulent scheme to make him pay a debt he did not owe. The appellate court found
• Roberts v. Mollie Roberts
  75 Fla. 603· Fla.· 1918-04-22 ·cited 2×
  A widow of a deceased man seeks to set aside an allegedly fraudulent inventory of her late husband's estate and to cancel two deeds conveying his real property, claiming the administrators and his sons conspired to defraud her of her dower rights. The Florida Supreme Court affirm
• Adolph Ullman and L. S Heilbron v. Lockhart
  51 Fla. 602· Fla.· 1906-01-01 ·cited 2×
  Lockhart sought to foreclose a mortgage he claimed to have purchased from M. J. Terrell, who held a mortgage from C. P. McGrath. The lower court found the mortgage fraudulent but still granted Lockhart priority over certain judgment creditors, relying on those creditors' claims o
• Alvarez v. Bowden
  39 Fla. 450· Fla.· 1897-06-01 ·cited 2×
  Appellant Alvarez sought to enjoin appellee Bowden from selling real property under execution. The Florida Supreme Court reversed the trial court's dissolution of the injunction, finding the evidence insufficient to support a finding that Alvarez's deed from the judgment debtor w
• Dorr v. Schmidt & Zeigler
  38 Fla. 354· Fla.· 1896-06-01 ·cited 2×
  This case involves the validity of a voluntary assignment for the benefit of creditors under Florida's 1889 assignment statute. A creditor garnished the assignee to recover funds allegedly belonging to the debtor, but the assignee defended on the grounds that a valid assignment t
• Mellen v. Buckner
  139 U.S. 388· U.S.· 1891-03-23 ·cited 2×
  In this Louisiana estate succession dispute, the Supreme Court addressed competing claims between heirs of Oliver J. Morgan and his creditors over five plantations. The Court held that portions of the property distributed to the heirs Julia Morgan and Oliver H. Kellam Jr. in sati