Fraudulent Conveyance

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

• In re Lane v. Lane
  980 F.2d 601· 9th Cir.· 1992-12-01
  The court held that under California law, the recording of a lis pendens constitutes a transfer of an interest in real property for purposes of the Bankruptcy Code's preference provisions, meaning Hurst's claim was perfected outside the preference period.
• JCA P'ship v. Wenzel Plumbing & Heating, Inc.
  978 F.2d 1056· 8th Cir.· 1992-11-03
  The court held that the doctrine of election of remedies and a prior settlement agreement did not preclude a breach of contract claim against WPH, but affirmed dismissal of fraud claims based on future promises and an estoppel certificate.
• United States v. Haimes (In Re Haimes)
  146 B.R. 298· S.D. Fla.· 1992-10-19
  The court held that the bankruptcy court erred in granting a directed verdict for discharge and in denying the motion to amend the complaint.
• Concepcion Giove v. Stanko
  977 F.2d 413· 8th Cir.· 1992-10-02
  The court held that the district court's determination of fraudulent conveyances was not clearly erroneous and that the appeals were timely filed. The court affirmed the judgment setting aside transfers of property as fraudulent conveyances made after May 9, 1985.
• The Travelers Ins. Co. v. 633 Third Assocs.
  973 F.2d 82· 2d Cir.· 1992-08-17
  A creditor may have standing under New York's fraudulent conveyance law to set aside a conveyance if it caused a diminution in the value of the secured property, even with an exculpation clause, provided the creditor pursues an equitable action to prevent waste rather than a dama
• Apparel ART Int'l, Inc. v. Jacobson
  967 F.2d 720· 1st Cir.· 1992-06-26
  The court held that the plaintiff's RICO complaint failed to allege a "pattern of racketeering activity" as required by the statute.
• Gen. Motors Acceptance Corp. v. Bates
  954 F.2d 1081· 5th Cir.· 1992-03-04
  The court held that the magistrate judge erred in granting directed verdicts for individual defendants and imposing Rule 11 sanctions, reversing both rulings and remanding for a new trial.
• Valdivia v. Valdivia
  593 So. 2d 1190· Fla. 3d DCA· 1992-02-18
  Ex-wife Isabel Valdivia seeks to recover unpaid lump sum alimony against her ex-husband's estate by voiding transfers of his medical practice to his new wife. The court reverses the trial court's dismissal, holding that Valdivia stated a valid cause of action for fraudulent conve
• Phelps v. Fina OIL & Chem. Co.
  952 F.2d 354· 10th Cir.· 1991-12-26
  A judgment creditor need not show the judgment debtor has an actionable claim against the transferee to maintain a creditor's bill action against a transferee of a fraudulent conveyance.
• State v. Ocasio
  586 So. 2d 1179· Fla. 4th DCA· 1991-09-18
  Florida sought to quash an order granting Carmen Ocasio's motion for an independent medical examination of a minor sexual battery victim. Carmen, who received fraudulently conveyed property from her father (the defendant), lacked standing to challenge the restitution sentence or
• Mash v. Express ONE Int'l, Inc.
  585 So. 2d 1154· Fla. 4th DCA· 1991-09-18
  Express One International obtained a judgment against Clyde Mash and sought supplementary proceedings to satisfy the debt by reaching assets allegedly transferred to third parties (Clyde's wife Judy, son Christopher, and Royal Aviation Systems, Inc.). The trial court entered judg
• Citronelle-Mobile Gathering, Inc. v. Watkins
  934 F.2d 1178· 11th Cir.· 1991-06-27
  The court held that it has jurisdiction over appeals concerning post-judgment enforcement actions, even if stemming from underlying ESA/EPAA violations, and that a receiver appointed by a court with personal jurisdiction over the defendant may exercise authority over foreign asse
• United States v. Bierbrauer
  936 F.2d 373· 8th Cir.· 1991-06-19
  The court held that the government is entitled to foreclose on and sell a jointly owned home to satisfy a federal tax debt, even if it means displacing the non-delinquent co-owner.
• Libby Rosenberg v. Aarnel Funding Corp.
  575 So. 2d 753· Fla. 3d DCA· 1991-03-05
  Florida appellate court reversed the trial court's finding of fraudulent conveyance because the collateral pledged ($360,000 in stock) was more than sufficient to secure the obligation ($300,000 loan), precluding any inference of fraud.
• Fed. Sav. & Loan Ins. Corp. v. Molinaro
  923 F.2d 736· 9th Cir.· 1991-01-17
• Jamice Carey v. Crescenzi
  923 F.2d 18· 2d Cir.· 1991-01-11
  The court affirmed the setting aside of conveyances as fraudulent but remanded for specific findings on whether the transferees had actual intent to defraud, which is required for awarding attorney fees under § 276-a.
• In re Strom v. Strom
  921 F.2d 836· 8th Cir.· 1991-01-04
  The court held that Palatine failed to establish a valid lien on the registered property because it did not comply with the statutory filing requirements. The court also reversed the district court's reversal of attorney fees, finding the bankruptcy court did not abuse its discre
• Cent. States Res. Corp. Successor in Interest to Fed. Deposit Ins. Corp. v. LEO Tobin Farms, Inc.
  922 F.2d 490· 8th Cir.· 1991-01-04
  The court held that the bankruptcy court erred in calculating the debtor's net worth by improperly counting a single loan as a liability for both corporations simultaneously, which incorrectly rendered the debtor insolvent.
• Hillsborough Holdings Corp. v. Celotex Corp.
  123 B.R. 1018· M.D. Fla.· 1990-07-11
  The court held that veil piercing and fraudulent conveyance claims, even if filed pre-Chapter 11 and involving state law, are core bankruptcy proceedings when their resolution is essential to the administration and restructuring of the debtor's estate and debtor-creditor relation
• Malloy v. United States
  743 F. Supp. 834· S.D. Fla.· 1990-07-10
  The court held that the reconciliation of a husband and wife did not void their property settlement agreement, and the transfer of property pursuant to that agreement was not a fraudulent conveyance.
• Cohen v. Rubin
  554 So. 2d 4· Fla. 3d DCA· 1989-12-05
  The court affirmed the appointment of a receiver but reversed the bond amount, finding it inadequate.
• Consol. Dominion Enters., Inc. v. NEW Century Bank
  552 So. 2d 1121· Fla. 3d DCA· 1989-09-26
  Consolidated Dominion Enterprises appeals a judgment quieting title in favor of New Century Bank over Consolidated's second mortgage interest. The court reverses, holding that Consolidated, as a bona fide purchaser for value without notice, has a superior interest to New Century
• Okura & Co. (America), Inc. v. Tobey
  871 F.2d 775· 8th Cir.· 1989-04-07
  The court held that the conveyance of an airplane and money was not fraudulent because it was for valuable consideration and the plaintiff failed to prove injury or sufficient evidence of fraudulent intent.
• M.G. Marine Supply Corp. v. Foreign Trade, Inc.
  537 So. 2d 696· Fla. 3d DCA· 1989-01-31
  A lis pendens is reversed as fatally defective because the underlying pleading failed to describe the burdened property and did not name the property titleholder as a party defendant.
• Rubin v. The Sch. Bd. OF Dade Cnty. & New Sunrise Inv. Corp.
  532 So. 2d 1333· Fla. 3d DCA· 1988-11-01
  The court affirmed the trial court's initial denial of condemnation proceeds to Rubin but remanded for disbursement of her proportionate share after she obtained a postdissolution judgment establishing her ownership interest in the condemned property.
• Local 445 Welf. Fund & Pension Fund Local 445 v. Sydney Wein and Clifford Cohen
  855 F.2d 62· 2d Cir.· 1988-08-23
  The court held that attorney's fees awarded under ERISA are permissible even when the underlying judgment is based on state law, provided the state law claim is derivative of ERISA obligations.
• Unisys Corp. v. Dataware Prods., Inc.
  848 F.2d 311· 1st Cir.· 1988-06-06
  The court held that the district court had jurisdiction to grant preliminary relief and did not abuse its discretion in doing so, as the bankruptcy trustee had abandoned the relevant causes of action.
• NEW Sunrise Inv. Corp. & Jack Cohen v. Rubin
  526 So. 2d 701· Fla. 3d DCA· 1988-05-03
  Court affirmed awards of attorney's fees to Sandra Rubin totaling $178,470 against Jack Cohen and New Sunrise Investment Corporation, rejecting appellants' arguments that the fees were excessive and that a prior one-word affirmance precluded a frivolous appeal finding.
• Howard v. Hillel Meyers
  525 So. 2d 443· Fla. 3d DCA· 1988-04-26
  The court held that the trial court correctly found no merger of leasehold and fee interests and properly dismissed the foreclosure action due to the failure to cure defaults.
• Thompson v. Adams
  685 F. Supp. 842· M.D. Fla.· 1988-04-12
  Federal tax liens are superior to state-law liens and the conveyance of property was a fraudulent conveyance voidable by the government.
• United States v. Panhandle E. Corp.
  842 F.2d 685· 3d Cir.· 1988-03-21
  The court held that it lacks jurisdiction to hear an interlocutory appeal from an order denying a stay of proceedings because the underlying action contains substantial equitable claims, rendering the entire action equitable in character under the Enelow-Ettelson rule.
• Roland v. United States
  838 F.2d 1400· 5th Cir.· 1988-03-08
  The court held that the IRS could rightfully levy on property fraudulently conveyed by parents to their son to satisfy back taxes, as the transfer was intended to defraud the government.
• ST. Paul Fire & Marine Ins. Co. v. Seafare Corp.
  831 F.2d 57· 4th Cir.· 1987-10-16
  The court held that the district court erred in granting summary judgment because Seafare's claims were already pending in a state court action, and thus were not compulsory counterclaims under FRCP 13(a).
• Icon Grp., Inc. v. Mahogany RUN Dev. Corp.
  829 F.2d 463-473· 3d Cir.· 1987-09-30
  The court held that the district court abused its discretion in dismissing the complaint without prejudice, as the plaintiff made a reasonable, good-faith effort to comply with the court's orders regarding joinder and real party in interest.
• In re Delagrange
  820 F.2d 229· 7th Cir.· 1987-05-22
  The bankruptcy court did not abuse its discretion in amending the pretrial order to allow a claim under section 544(b) after trial, as it was necessary to prevent manifest injustice.
• Fed. Deposit Ins. Co. v. Malin
  802 F.2d 12· 2d Cir.· 1986-09-23
  A conveyance made pursuant to a separation agreement, even if intended to hinder creditors, cannot be set aside by a judgment creditor if the transferee provided fair consideration and had no knowledge of the fraud at the time of the transfer.
• Miele v. United States
  637 F. Supp. 998· S.D. Fla.· 1986-06-20
  The court held that the transfer of property from the taxpayer to his wife was a bona fide conveyance for valuable consideration and could not be set aside as a fraudulent conveyance by the United States.
• Goldman v. Robinson
  783 F.2d 15· 1st Cir.· 1986-02-11
  A broker is not entitled to a commission when the 'deal' consummated is a court-ordered unwinding of a fraudulent transfer, not a sale for a price.
• In re Martin-Trigona v. Anthony R. Martin-Trigona & 658 Ridge Rd., Inc.
  763 F.2d 503· 2d Cir.· 1985-05-23
  The court held that service by first-class mail was effective and that the district court did not abuse its discretion in entering a default judgment against appellants who failed to show good cause to set it aside.
• Edeltraud Becker v. Effenberger
  458 So. 2d 891· Fla. 2d DCA· 1984-11-16
  The court held that the trial court erred in voiding a deed and awarding attorney's fees because there was no evidence of fraudulent intent and no statutory basis for the fees.
• Fed. Deposit Ins. Corp. v. Davis
  733 F.2d 1083· 4th Cir.· 1984-05-03
  A secured party with an unavoided lien has the right to attack fraudulent conveyances made by the debtor, even after the debtor's bankruptcy case is closed and the trustee has not acted.
• AETNA Cas. & Sur. Co. & Emil Morton v. Pollock
  449 So. 2d 1289· Fla. 3d DCA· 1984-03-27
  The court held that the Bank satisfied its obligations under the second judgment by delivering a quit-claim deed, and therefore the supersedeas bond should not be used to satisfy the prior money judgment.
• Pruett v. Browning
  444 So. 2d 1121· Fla. 3d DCA· 1984-02-07
• Jeffrey F. Berin ad Litem of Toni Sue Boyd and Tammy Jo Boyd v. Olva Sue Boyd and Jimmy K. Boyd
  421 So. 2d 745· Fla. 4th DCA· 1982-11-10
  The court affirmed the trial court's judgment finding that a former husband improperly used his minor children as unwitting instrumentalities in a scheme to retake real property from his former wife through harassment and intimidation.
• Warren v. Picillo, Sr.
  407 So. 2d 963· Fla. 4th DCA· 1981-12-09
  The Picillos appealed a summary judgment domesticating a Rhode Island nuisance judgment against them in Florida court. The Florida appellate court dismissed the appeal for lack of jurisdiction, finding that the two counts of the complaint were so interrelated that piecemeal appea
• In re SLF News Distribs., Inc. v. Cook Constr. Co.
  649 F.2d 613· 8th Cir.· 1981-05-28
  A transferee who receives funds from a third party, unaware that the funds originated from a bankrupt entity, and who gives fair equivalent value to that third party by releasing a lien, qualifies as a bona fide purchaser under section 67(d)(6) of the Bankruptcy Act.
• The Citizens & S. Nat'l Bank v. Auer
  640 F.2d 837· 6th Cir.· 1981-02-04
  A creditor is prejudiced by a conveyance of a debtor's interest in property held as a tenancy by the entirety if that interest has substantial value to the recipient spouse, even if its speculative value to a third-party purchaser is low.
• Adler v. Ettamae Adler
  362 So. 2d 468· Fla. 3d DCA· 1978-09-19
  Sidney Adler appealed multiple orders from a divorce proceeding, including the dissolution judgment, contempt findings, and attorney's fees awards. The court affirmed the dissolution and related orders but reversed the contempt finding and attorney's fees award due to lack of evi
• Mr. and Mrs. William DAY v. Miramar Holding Corp.
  362 So. 2d 305· Fla. 3d DCA· 1978-07-18
  In this consolidated appeal arising from supplementary execution proceedings, the court addressed whether a transfer of 37 condominium units and 12 mortgages from El Conquistador Condominium to Continental Consultants Ltd. constituted fraud on creditors. The trial court set aside
• E.H.G. Enters., Inc. v. Amstell
  342 So. 2d 1061· Fla. 3d DCA· 1977-03-01
  E.H.G. Enterprises, Inc., a foreign corporation, appeals an order denying its motion to vacate a final summary judgment entered against it in a contract dispute. The court affirmed, holding that the appellant's belated motion to vacate—filed five months after judgment—was procedu