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

• Cosmopolitan Health SPA, Inc. v. Health Indus., Inc.
  362 So. 2d 367· Fla. 4th DCA· 1978-08-16 ·cited 57×
  The court held that the plaintiff's allegations were insufficient to establish personal jurisdiction over the non-resident garnishee under Florida's long-arm statute.
• Dixie Music Co., Inc. v. Pike
  135 Fla. 671· Fla.· 1938-12-28 ·cited 56×
  In this 1938 Florida case, the Supreme Court reviewed the trial court's ex parte appointment of a receiver and temporary restraining order against a defendant who had allegedly fraudulently transferred assets to a corporation to evade a creditor's judgment. The court affirmed the
• Don't Look Media LLC v. Fly Victor Ltd.
  999 F.3d 1284· 11th Cir.· 2021-06-04 ·cited 54×·via Fraudulent Transfer
  The Eleventh Circuit affirmed the district court's dismissal, holding that RICO's nationwide service of process provision does not confer personal jurisdiction when service is attempted outside the United States, and that the forum selection clauses are enforceable.
• United States v. Cirami
  563 F.2d 26· 2d Cir.· 1977-09-01 ·cited 54×
  The court held that the allegations of extraordinary circumstances, including the attorney's mental disorder and the clients' diligent but unsuccessful attempts to ascertain the status of their case, if proven, would justify relief under Rule 60(b)(6) to vacate the default judgme
• Holliday v. McKinne
  22 Fla. 153· Fla.· 1886-01-01 ·cited 54×
  In this replevin action, the Florida Supreme Court reversed the trial court's judgment because it failed to conform to the jury's verdict and because it erroneously admitted testimony from the plaintiff about the deceased's handwriting to authenticate a bill of sale, violating th
• Damsky v. Honorable Joseph C. Zavatt
  289 F.2d 46· 2d Cir.· 1961-04-03 ·cited 53×
  The court held that the Seventh Amendment does not require a jury trial for certain tax collection claims, particularly when the taxpayer has no wages or property.
• Bonded Fin. Servs., Inc. v. European Am. Bank
  838 F.2d 890· 7th Cir.· 1988-01-19 ·cited 52×
  A financial institution acting as a mere conduit for a fraudulent transfer is not an 'initial transferee' under 11 U.S.C. § 550(a)(1) and may be protected as a subsequent transferee if it takes for value and in good faith.
• In re Kaiser v. Kaiser
  722 F.2d 1574· 2d Cir.· 1983-11-18 ·cited 52×
  The court held that the bankruptcy judge had jurisdiction to deny a discharge and impress a constructive trust, and that the Emergency Bankruptcy Rule I was constitutional.
• Hunter v. State Bank of Fla.
  65 Fla. 202· Fla.· 1913-02-25 ·cited 52×
  Hunter, an uneducated Black man, executed what he believed to be a mortgage to attorney John H. Pope in 1910 to secure a loan, but Pope instead recorded it as a fee-simple deed without authority. The State Bank of Florida, holding a judgment against Pope, sought to foreclose on t
• Alliant TAX Credit 31, Inc v. Murphy
  924 F.3d 1134· 11th Cir.· 2019-05-15 ·cited 51×·via Fraudulent Transfer
  Alliant Tax Credit entities obtained a judgment against Vincent Murphy for breach of a partnership contract in Kentucky, but found him judgment-proof and sued under Georgia's fraudulent-transfer statute to recover assets Murphy had transferred to his ex-wife Marilyn as part of th
• Wieczoreck v. H & H Builders, Inc.
  450 So. 2d 867· Fla. 5th DCA· 1984-05-03 ·cited 51×
  In this supplementary proceeding, the court affirmed a judgment finding that a property conveyance from Nelson L. Davis to Theodore Wieczoreck constituted a fraudulent transfer designed to defraud Davis's creditors. The court resolved a split in Florida authority by holding that
• Isiah v. JPMorgan Chase Bank, N.A.
  960 F.3d 1296· 11th Cir.· 2020-06-01 ·cited 50×·via Fraudulent Transfer
  The court held that routine bank deposits do not constitute a fraudulent transfer under FUFTA, and a receiver lacks standing to bring aiding and abetting claims when the fraudulent acts of the entity in receivership are imputed to the receiver.
• Koch Refining v. Farmers Union Cent. Exch., Inc.
  831 F.2d 1339· 7th Cir.· 1987-10-07 ·cited 50×
  The court held that a trustee may maintain an alter ego action against member-owners and that the oil companies meet constitutional standing requirements.
• Mack v. Newton
  737 F.2d 1343· 5th Cir.· 1984-08-06 ·cited 48×
  The court held that there was sufficient evidence to support the jury's finding of conspiracy regarding the transfer of 188 Dairyland cows to Dairy Cows, but not for other cattle transfers or the conversion claim. The denial of the usury claim was affirmed.
• Wilkerson v. Wilkerson
  179 So. 2d 592· Fla. 2d DCA· 1965-10-14 ·cited 48×·via Fraudulent Transfer
  In this divorce appeal, the Florida District Court of Appeal affirmed the trial court's award of divorce and child custody to the husband but reversed portions regarding property division and attorney fees. The court held that jointly owned property held as tenancy by the entiret
• Fla. Land Rock Phosphate Co. v. Anderson
  50 Fla. 501· Fla.· 1905-06-01 ·cited 48×
  The Florida Supreme Court reversed and remanded a decree in a long-pending land dispute because necessary and indispensable parties (Graham and Stevens) were improperly dismissed from the bill without being adjudicated. The court emphasized the importance of proper pleading and c
• Walling v. The Christian & Craft Grocery Co.
  41 Fla. 479· Fla.· 1899-06-01 ·cited 47×
  Mrs. R. A. Walling sought to rely on an Alabama decree that made her a free dealer to defend against an equity suit in Florida. The Florida Supreme Court held that a married woman's status acquired under another state's law does not follow her to a new domicile and cannot be used
• King v. Ionization Int'l, Inc.
  825 F.2d 1180· 7th Cir.· 1987-08-04 ·cited 46×
  A post-judgment order fixing priorities among creditors is appealable, and a debtor's conveyance of secured interests to insiders with intent to defraud a creditor is a fraudulent conveyance under Illinois law.
• Keene Lumber Co. v. Leventhal
  165 F.2d 815· 1st Cir.· 1948-01-23 ·cited 46×
  The court held that a complaint alleging a fraudulent scheme to strip a company of assets, thereby disabling it from paying creditors, states a claim for tortious interference with contractual relations, even if the specific misrepresentations are barred by the Statute of Frauds.
• Tischler v. Robinson
  79 Fla. 638· Fla.· 1920-04-24 ·cited 46×
  The Florida Supreme Court reversed a decree subjecting real property to creditors' judgment liens, holding that the complainants failed to prove fraud by clear and convincing evidence where property had been conveyed to the debtor's niece in 1893, years before the creditors' judg
• Jackson v. The Citizens Bank & Tr. Co.
  53 Fla. 265· Fla.· 1907-01-01 ·cited 46×
  The Florida Supreme Court upheld a jury verdict in favor of the Citizens Bank and Trust Company, rejecting a sheriff's challenge to the validity of a sale of goods by an insolvent debtor to a creditor. The case establishes important principles regarding fraudulent transfers: cred
• Smith v. W. A. Pattishall under the last will and testament of Mary O. Beeman
  129 Fla. 498· Fla.· 1937-03-16 ·cited 45×
  This case involves a dispute over whether a deed containing a defective property description can be reformed to include land that was levied upon by a judgment creditor after the deed's execution but before the reformation proceeding. The Florida Supreme Court held that reformati
• Am. Legion Cmty. Club v. Murray Diamond
  561 So. 2d 268· Fla.· 1990-05-10 ·cited 44×
  The Florida Supreme Court held that a suit to set aside a conveyance based on alleged violations of corporate bylaws and constitutional provisions is not an action "founded on a duly recorded instrument" under Florida Statutes § 48.23, and therefore a notice of lis pendens in suc
• The Cleveland Tr. Co. v. Athene S. Foster and Jack Wentz
  93 So. 2d 112· Fla.· 1957-01-23 ·cited 44×
  Cleveland Trust Company sought to set aside a deed transferring Foster's real property to Wentz as a fraudulent conveyance designed to evade a creditor's judgment. The Florida Supreme Court reversed the trial court's dismissal and held the conveyance void, finding all indicia of
• Ostend Realty Co. v. Biscayne Realty & Ins. Co.
  99 Fla. 1221· Fla.· 1930-05-28 ·cited 44×
  This case concerns whether a bill of complaint sufficiently alleged fraud to set aside conveyances of real estate. The appellate court affirmed the lower court's decision to overrule the defendants' demurrers, finding the allegations of fraud adequate.
• Smith v. Hines
  10 Fla. 258· Fla.· 1864-01-01 ·cited 44×
  The Florida Supreme Court reversed a lower court decree in this dower dispute, holding that a widow can challenge her deceased husband's conveyance of personal property (slaves) when the sale was not genuinely perfected and was executed with intent to defeat her dower rights. The
• First Nat'l Bank of Miami v. Bebinger
  99 Fla. 1290· Fla.· 1930-06-06 ·cited 43×
  The Florida Supreme Court held that a writ of error lies to review a final order in a proceeding supplementary to execution, determining whether property is subject to levy under a judgment. This case established that such supplementary proceedings constitute a final "case" revie
• Prince v. Lottie E. Mahin
  73 Fla. 525· Fla.· 1917-02-28 ·cited 43×
  Mortgagees Lottie E. Mahin and W.C. Mahin sought to foreclose a mortgage on property and set aside a conveyance by the mortgagor S.D. Prince to third parties as fraudulent. The court affirmed the trial court's overruling of the mortgagor's demurrer, finding that the bill of compl
• In re BEN Cooper, Inc. v. The Ins. Co. OF the State OF Pa.
  896 F.2d 1394· 2d Cir.· 1990-02-07 ·cited 42×
  The court held that the adversary proceeding was a core proceeding over which the bankruptcy court had jurisdiction, and that the appellees were entitled to a jury trial in the bankruptcy court.
• Reflectone, Inc. v. Farrand Optical Co., Inc.
  862 F.2d 841· 11th Cir.· 1989-01-03 ·cited 42×
  The court held that summary judgment was properly granted because the appellant failed to demonstrate genuine issues of material fact regarding the improper purpose element required to pierce the corporate veil, and the district court did not abuse its discretion in granting summ
• Bankruptcy v. Collins
  624 F.2d 659· 5th Cir.· 1980-08-21 ·cited 42×·via Fraudulent Transfer
  The court held that cash transfers to customers in excess of their deposits, made within one year of bankruptcy, were fraudulent transfers under § 67(d) of the Bankruptcy Act because the customers were creditors and the transfers lacked fair consideration. The court also affirmed
• Whidden v. Rogers
  78 Fla. 93· Fla.· 1919-07-08 ·cited 42×
  This case involves an appeal from a lower court's decision that a sale of cattle from Ordia Bass to Allen I. Whidden was fraudulent and void as to creditors. The appellate court affirmed the lower court's ruling, finding sufficient evidence of fraud despite the appellant's argume
• Kahn v. Weinlander
  39 Fla. 210· Fla.· 1897-01-01 ·cited 42×
  This case involves a dispute over property purchased in the name of a debtor's wife to shield it from his creditors. The Florida Supreme Court affirmed the lower court's decree, holding that creditors have the right to challenge conveyances to a debtor's wife and that clear proof
• Goldstein v. Norvin G. Maloney in Bankruptcy
  62 Fla. 198· Fla.· 1911-06-01 ·cited 41×·via Fraudulent Transfer
  The Florida Supreme Court upheld the constitutionality of a 1907 statute regulating bulk sales of merchandise and affirmed a judgment that a shoe sale by an insolvent merchant to her son-in-law was presumed fraudulent because the purchaser failed to comply with the statute's noti
• The C. B. Rogers Co. v. Meinhardt Bros. & Co.
  37 Fla. 480· Fla.· 1896-01-01 ·cited 41×
  The Florida Supreme Court reversed a judgment for claimants in a replevin/attachment case, holding that the trial court improperly directed a jury verdict without submitting disputed factual questions about the validity and good faith of an alleged sale. The court established tha
• Rowen v. Commissioner OF Internal Revenue
  215 F.2d 641· 2d Cir.· 1954-09-09 ·cited 40×
  Beneficiaries of life insurance policies are not transferees under I.R.C. § 311 for the full proceeds if the proceeds were never the decedent's property. However, they may be transferees as to the cash surrender value if that value was the decedent's property.
• Martinez v. Balbin
  76 So. 2d 488· Fla.· 1954-12-17 ·cited 39×
  The Florida Supreme Court reviewed an appeal from a dismissal of a creditor's bill. The court held that the alleged transferees of the debtor's inheritance were indispensable parties who must be joined in the suit to determine the validity of the transfer and impress a trust on t
• Neal v. Ivey H. Gregory
  19 Fla. 356· Fla.· 1882-06-01 ·cited 39×
  Sarah Neal, as executrix of William M.C. Neal, appealed a chancellor's decree dismissing her bill seeking to establish title to land and prevent sale by judgment creditors. The Florida Supreme Court held that Neal acquired no superior title through a parol purchase from Nixon, an
• In re Feit & Drexler, Inc. v. Drexler
  760 F.2d 406· 2d Cir.· 1985-04-12 ·cited 38×
  The Court of Appeals held that the district court had the statutory authority to issue a mandatory turnover order for property located outside its territorial jurisdiction, and that the order was appealable as an interlocutory injunction. The court affirmed the district court's o
• In re Casco Chem. Co. v. Superintendence Co., Inc.
  335 F.2d 645· 5th Cir.· 1964-08-10 ·cited 38×·via Fraudulent Transfer
  An independent action under Rule 60(b) is not subject to the one-year time limit applicable to motions under grounds (1)-(3), but only to laches. The denial of summary jurisdiction in bankruptcy was correct because the funds were not in the bankrupt's possession.
• Hedwig Meyer v. Faust
  83 So. 2d 847· Fla.· 1955-12-14 ·cited 38×·via Fraudulent Transfer
  Hedwig Meyer appeals a judgment that found a property transfer from her husband Theodore to her was fraudulent and subjected their jointly-held property to execution on a judgment against Theodore alone. The Florida Supreme Court reverses, holding that the trial court lacked prop
• Peckham v. Ronrico Corp.
  171 F.2d 653· 1st Cir.· 1948-12-31 ·cited 38×
  A summary judgment cannot be based on contradictory affidavits from witnesses who have admitted to stating untrue facts, as the trier of fact may disregard their entire testimony.
• The Third Ave. Co. v. Keely
  111 Fla. 46· Fla.· 1933-05-30 ·cited 38×
  The Florida Supreme Court affirmed the lower court's overruling of demurrers in a creditor's bill brought by May Bodine Keely against the Phipps family and their five corporations. The court held that allegations that the corporations were mere alter egos of the Phippses, used to
• Tampa Water Works Co. v. Wood
  104 Fla. 306· Fla.· 1932-02-23 ·cited 38×
  A stockholder brought suit to dissolve Tampa Water Works Company and place it in receivership, alleging that Stuart Wood and his estate's representatives misappropriated corporate assets and wasted funds. The Florida Supreme Court affirmed the trial court's appointment of a recei
• Neubert v. Massman Bros. & Co.
  37 Fla. 91· Fla.· 1896-01-01 ·cited 38×
  In this equity case, the Florida Supreme Court addressed whether a judgment creditor could reach real property that a debtor had purchased but titled in another's name to conceal it from creditors. The court held that such property could be reached in equity, and that a purchaser
• In re Halpern v. Bankruptcy
  426 F.2d 102· 2d Cir.· 1970-05-08 ·cited 37×·via Fraudulent Transfer
  A prior judgment based on multiple independent, alternative grounds is not conclusive as to issues necessarily found to support only one of those grounds, particularly when those issues involve intent.
• Heath v. Helmick
  173 F.2d 157· 9th Cir.· 1949-03-04 ·cited 37×
  The court held that a secret agreement to hold property for the bankrupt's benefit, made after a sheriff's sale and before bankruptcy adjudication, constituted a fraudulent conveyance voidable by the bankruptcy trustee.
• Switow v. Sher
  136 Fla. 284· Fla.· 1939-02-07 ·cited 37×
  A bankruptcy trustee sought to intervene in a creditor's bill suit and filed a cross-bill to establish his superior right to a promissory note that was the basis of the plaintiff's law action and creditor's bill. The Florida Supreme Court held that the trustee had standing to int
• Weathersbee v. Gus J. Dekle
  107 Fla. 517· Fla.· 1933-01-02 ·cited 37×
  The Florida Supreme Court upheld a trial court's decision to void a husband's conveyance of land to his wife as fraudulent against an existing creditor, but reversed the portion setting aside a transfer of bank stock for lack of proof that the transfer was voluntary. The court cl
• Stelle v. Minna H. Dennis
  104 Fla. 384· Fla.· 1932-02-29 ·cited 37×
  Beach Park Company conveyed its water works plant to Norman Bie Construction Company in December 1930. Minna H. Dennis, a judgment creditor of Beach Park Company, sought to set aside the conveyance as fraudulent. The Florida Supreme Court reversed the lower court's decision, hold