Fraudulent Conveyance

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

• Trimex Corp. & Maclin R. Milner v. Voss
  322 So. 2d 76· Fla. 2d DCA· 1975-10-31
  The court held that there was sufficient evidence to support the trial court's judgment against Trimex Corporation for assuming Gulf Marketing's debt, but insufficient evidence to impose personal liability on Maclin R. Milner.
• Fed. Deposit Ins. Corp. v. Jerrold S. Engle
  524 F.2d 1339· 9th Cir.· 1975-10-24
  The court held that appellants were entitled to intervene as a matter of right because the FDIC's assertion of lis pendens, coupled with the potential for a binding judgment, would practically impair their ability to protect their claimed interest in the property.
• Fleischmann v. Donner
  300 So. 2d 26· Fla. 4th DCA· 1974-08-30
• Floyd v. Floyd
  297 So. 2d 609· Fla. 4th DCA· 1974-07-19
  In a divorce proceeding, the trial court awarded the husband a special equity equal to a one-half interest in the marital home and a lot despite his voluntary conveyance of both properties to the wife via quitclaim deeds. The appellate court reversed and remanded, holding that a
• Louis Dreyfus Corp. v. Landon V. Butler
  496 F.2d 806· 6th Cir.· 1974-04-26
  The court held that claims to set aside property transfers were barred by limitations or laches, and that the wife was entitled to offset her losses against any debt owed to the plaintiff.
• G-Fours, Inc. v. Miele
  496 F.2d 809· 2d Cir.· 1974-04-24
  The marital privilege is not available to shield communications made to further a fraud or conceal assets from creditors in civil proceedings.
• In re Tuller's, Inc. v. Voss
  480 F.2d 49· 2d Cir.· 1973-05-10
  The court held that the transaction was a fraudulent conveyance under New York law because it left the corporation with unreasonably small capital and was not supported by fair consideration.
• In re James Hotel Co. v. Okla. BAR Co.
  464 F.2d 1199· 10th Cir.· 1972-08-08
  The court held that a lease executed shortly before bankruptcy proceedings, creating a competing business for the benefit of insiders to the detriment of the debtor and its creditors, was invalid as a fraud on creditors.
• Trawick H. Stubbs v. John B. Hardee and wife
  461 F.2d 480· 4th Cir.· 1972-06-13
  A bankrupt and his wife cannot use tenancy by the entireties to shield property from creditors if the transfer was for less than fair consideration with intent to defraud.
• Painter Carpet Mills, Inc. v. Signet Carpet Co., Inc.
  457 F.2d 536· 5th Cir.· 1972-03-24
  A director's withdrawal of funds from an insolvent corporation for personal benefit creates an outstanding obligation that cannot be offset by subsequent payments on the director's personal guaranties.
• In re Gowen
  451 F.2d 994· 8th Cir.· 1971-11-30
  The court held that the sales of barrel staves were fraudulent and void as to creditors under Missouri law because possession was not transferred in a reasonable time.
• Bonhiver v. Affiliated Cos. OF Am.
  447 F.2d 108· 5th Cir.· 1971-08-16
  The court affirmed the dismissal, holding that the statute of limitations barred the fraudulent conveyance claims, regardless of whether the transfers were fraudulent.
• Menter v. Ames
  445 F.2d 1404· 2d Cir.· 1971-06-28
  The court affirmed the lower court's decision, holding that excess interest payments on usurious loans could be recovered as fraudulent conveyances, but principal and legal interest payments were made for fair consideration.
• Kenneth E. Curran, Inc. v. Salvucci
  426 F.2d 920· 1st Cir.· 1970-06-05
  The court held that the plaintiff failed to present sufficient evidence from which a jury could reasonably infer that excessive rental charges were paid by the construction corporation to the equipment corporation, or that the individual defendants fraudulently converted funds.
• Faber Cement Block Co., Inc. v. Pauless Realty Corp. & Suffern Bldg. Supply Co., Inc.
  425 F.2d 223· 2d Cir.· 1970-04-20
  The court held that the federal district court properly dismissed the action because the New York state court where the assignment for the benefit of creditors was filed has exclusive jurisdiction.
• Ala. Credit Corp. v. Deas
  417 F.2d 135· 5th Cir.· 1969-10-07
  The court held that the trial court did not err in denying a money judgment against Pat Crim and in finding that the conveyance of farm land was not a fraud on creditors, as adequate consideration was provided and no fraudulent intent was proven.
• Steingold v. Fixel
  226 So. 2d 267· Fla. 3d DCA· 1969-09-09
  A judgment creditor (Fixel) sought to garnish rents from a sublease held by Charles-Stuart Motor Company to satisfy a judgment against that company and its owner. The trial court set aside the company's assignment of its lease interest as a fraudulent conveyance and ordered the g
• Finger Furniture Co. v. Brock
  410 F.2d 568· 5th Cir.· 1969-04-25
  The court held that withholding a chattel mortgage from record to allow the debtor to obtain credit renders the mortgage fraudulent and void, and payments received by the creditor while the debtor is insolvent or imminently insolvent are preferential and voidable.
• Milgram v. Bethencourt & Reyes Constr. Co., Inc.
  219 So. 2d 754· Fla. 3d DCA· 1969-03-04
  The court held that the dismissal of the cause was improper because the reason for dismissal (lack of jurisdiction over indispensable parties) was cured by service while the case was still pending and before final disposition.
• Fla. Trend, Inc. v. Leis Bros. Realtors, Inc.
  217 So. 2d 901· Fla. 2d DCA· 1969-01-15
  Florida Trend, Inc. appealed a judgment holding void its acquisition of two promissory notes worth $30,000 from Space Land Co., Inc. The trial court found that Space Land Co., Inc. fraudulently conveyed the notes to Florida Trend for inadequate consideration ($990) to defraud its
• Lauril Allis v. Jones
  403 F.2d 707· 8th Cir.· 1968-11-18
  The court held that the trial court erred in misplacing the burden of proof under Arkansas law regarding fraudulent conveyances, and that evidence clearly indicated value in the conveyed properties, entitling the creditor to levy execution.
• ALL States Invs., Inc. v. Elinore Sedley
  399 F.2d 769· 6th Cir.· 1968-07-24
  The court held that the defendant's counterclaim, alleging fraud in the inducement of a settlement agreement, failed to state a cause of action and that the issues raised were barred by res judicata.
• Standard Fin. Corp. v. Automatic Foods Corp.
  382 F.2d 1· 7th Cir.· 1967-08-09
  The court held that the voluntary dissolution and asset distribution by directors of an insolvent corporation, despite outstanding guaranties to a creditor, constituted fraudulent acts with malice, making the directors personally liable for the creditor's losses.
• PAN Am. Petroleum Corp. & Socony Mobil Oil Co., Inc. v. Verde OIL Co., Inc.
  367 F.2d 461· 5th Cir.· 1966-10-25
  The court held that the evidence was insufficient to establish that the purchaser had notice of the seller's fraudulent intent, thus the conveyance could not be set aside.
• Holt Welding & Repair Co., Inc. v. Found. & Marine Constr. Co., Inc.
  190 So. 2d 808· Fla. 2d DCA· 1966-10-12
  Holt Welding appealed after the trial court vacated a default judgment against Foundation and Marine Construction Company and dissolved a writ of garnishment. The appellate court reversed, finding the trial court erred in setting aside the judgment based on alleged defects in ser
• United States v. Schroeder
  348 F.2d 223· 8th Cir.· 1965-07-06
  The court held that the district court did not err in finding that Harry Schroeder made valid gifts of the three farm tracts to his son Richard, and thus the properties were not subject to Harry's tax liens.
• Coley Wasserburg v. Coastal Aluminum Prods. Constr. Co., Inc.
  167 So. 2d 889· Fla. 2d DCA· 1964-10-09
  In this bulk sales law case, the court affirmed judgment for a purchaser of business assets who failed to strictly comply with Florida's bulk sales statute. The court held that non-compliance raises only a rebuttable presumption of fraud, not a conclusive one, and that a creditor
• Trujillo v. Sun Life Assurance Co of Canada
  22 Fla. Supp. 53· Dade Cty. Cir. Ct.· 1963-12-04
  Trujillo seeks a declaratory decree requiring Sun Life Assurance to pay the cash surrender value of insurance policies purchased in the Dominican Republic. The court denies the petition, holding that Dominican law governs because the policies were payable in the Dominican Republi
• Wallace v. Kilbride
  319 F.2d 760· 3d Cir.· 1963-06-20
  The court held that a transfer of property to a husband, for which the wife paid the purchase price, creates a resulting trust in favor of the wife, and such a transfer is not fraudulent as to the husband's creditors.
• Madeleine D. Gately v. Gately
  316 F.2d 585· 7th Cir.· 1963-04-26
  The court held that the district court lacked jurisdiction because the Colorado court had previously acquired jurisdiction over the parties and the subject matter in a divorce proceeding.
• Lebanon Woolen Mills, Inc. v. United States
  311 F.2d 364· 1st Cir.· 1962-12-31
  The court held that the appellants failed to provide sufficient evidence of their inability to fund their defense, and that other creditors' interests were not adequately addressed.
• Levy v. Manget
  308 F.2d 248· 5th Cir.· 1962-08-31
  The court held that the trial court's findings of fact, based on credibility determinations, were not clearly erroneous, and affirmed the judgment for the defendant purchaser.
• Cameron v. Fed. Auto Parts, Inc.
  301 F.2d 867· 5th Cir.· 1962-04-19
  The court held that the transferee failed to prove adequate consideration for the transfer of assets, thus the presumption of fraud arising from noncompliance with the Bulk Sales Law was not overcome.
• In re Molden v. Molden
  300 F.2d 5· 7th Cir.· 1962-03-15
  The court held that the creditor failed to establish a prima facie case of fraudulent concealment or transfer sufficient to shift the burden of proof to the bankrupt, and thus, the bankrupt was entitled to a discharge.
• O'Steen v. Kerlin
  19 Fla. Supp. 144· Duval Cty. Cir. Ct.· 1962-03-15
  Plaintiff claims she is the widow of L.E. O'Steen and seeks to impose a trust on property he conveyed to his daughters 71 days before they married, alleging the conveyance was fraudulent and made to defeat her marital rights. The court denies her claim, finding insufficient evide
• Cole v. Commissioner OF Internal Revenue
  297 F.2d 174· 8th Cir.· 1961-12-28
  A husband's payment of a joint debt secured by his wife's property, even when insolvent, is not a fraudulent transfer under Missouri law if the debt is honest.
• Universal C. I. T. Credit Corp. v. Thursbay Chevrolet Co., Inc.
  136 So. 2d 15· Fla. 1st DCA· 1961-12-12
  Universal C.I.T. Credit Corporation sought subrogation rights to a mortgage on the Cannington home after funds from illegal "out of trust" car sales were allegedly used to pay off the mortgage. The court held that Universal C.I.T. failed to prove its entitlement to subrogation un
• Nally v. Olsson
  134 So. 2d 265· Fla. 2d DCA· 1961-11-08
  John Nally conveyed an unimproved lot to his sisters shortly before a judgment creditor obtained a $15,000 judgment against him for malicious prosecution. The trial court set aside the deed as a fraudulent conveyance designed to hinder collection, and the appellate court affirmed
• Orta v. Sigfried Schafer and wife
  284 F.2d 114· 4th Cir.· 1960-12-06
  The court held that the evidence was sufficient to support the jury's finding that the conveyance was made with intent to defraud creditors and that the grantee participated in or had notice of the fraud.
• Newell R. Hays v. W. B. Darden in Bankr. of Tri-State Constr. Co.
  284 F.2d 932· 10th Cir.· 1960-11-09
  The court held that the trustee could recover the reasonable value of fraudulently transferred property, less offsets for valid liens discharged by the transferee, but not also recover for the use value of that property.
• Milstid v. Pennington
  268 F.2d 384· 5th Cir.· 1959-06-25
  The court held that conveyances made in conjunction with a divorce property settlement, even if reciting nominal consideration, are supported by valuable consideration and are not voluntary as to existing creditors.
• Studds v. Fid. & Deposit Co. OF Md.
  267 F.2d 875· 4th Cir.· 1959-05-28
  Virginia law does not recognize a cause of action for creditors to recover the value of a husband's gratuitous services rendered to his wife's business, absent a showing that the business itself was a fraudulent scheme or that profits were accumulated.
• Murray Rosof in Bankr. of George A. Bell, Inc. v. Murray Roth
  262 F.2d 829· 2d Cir.· 1959-01-12
  The court held that the defendant was entitled to a set-off of the bankrupt's debt to him against the bankrupt's debt to defendant, as the transaction did not diminish the bankrupt's estate and lacked the essential elements of a preference or fraudulent conveyance.
• Tornwall v. Carter
  106 So. 2d 96· Fla. 2d DCA· 1958-10-17
  A minor judgment creditor sought to void a conveyance of property and assignment of mortgages made by the judgment debtor (Henry E. Tornwall) to his father (Henry A. Tornwall) shortly before the judgment was entered, alleging the transfer was fraudulent and intended to hinder col
• Troll v. The Chase Nat'l Bank OF City OF NEW York
  257 F.2d 825· 2d Cir.· 1958-07-24
  The court held that the bank's retention of bonds as collateral was lawful because it acted in good faith, for value, and without notice of the borrower's insolvency, and the debt was not disproportionately small compared to the collateral's value.
• Otte v. Murray Landy
  256 F.2d 112· 6th Cir.· 1958-06-18
  The court held that the mortgage was given for fair consideration and was valid as to the realty, affirming the district court's finding.
• F. S. Bowen Elec. Co., Inc. v. United States Fid. & Guar. Co.
  256 F.2d 46· 4th Cir.· 1958-06-02
  The court held that the "Reserve for Unearned Profit on Work in Progress" is a liability, not net worth, and that book values of assets do not equate to salable value for determining insolvency under the Uniform Fraudulent Conveyance Act.
• Nell M. Leonardo v. Leonardo
  251 F.2d 22· D.C. Cir.· 1958-01-09
  A conveyance for grossly inadequate consideration, lacking explanation for badges of fraud, is void as against a wife's inchoate dower rights, even if the deed was delivered before marriage.
• Spector v. Ahrenholz
  11 Fla. Supp. 116· Dade Cty. Cir. Ct.· 1957-10-24
  Plaintiffs sought to recover land they had conveyed to defendants, claiming it was given as security for a loan and seeking an accounting and reconveyance. The court dismissed the complaint on the grounds that plaintiffs came to equity with unclean hands, having conveyed the prop
• Acme Distrib. Co. v. Collins
  247 F.2d 607· 9th Cir.· 1957-07-08
  The court held that the District Court erred in reversing the Referee's order adjudging the bankrupt to be a bankrupt, as the evidence was insufficient to rebut the presumption that the real property was the wife's separate property.