Fraudulent Conveyance

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

• Ervin Yoder v. Am. Aluminum Prods., Inc.
  89 So. 2d 351· Fla.· 1956-09-05
  Yoder sold corporate stock to American Aluminum Products under a contract for deferred payments, but the corporation was driven into bankruptcy by President Garrison, who allegedly dissipated assets and excluded Yoder from the proceedings. The trial court dismissed for lack of ju
• Arnold v. Cleo P. King in Bankruptcy of James C. Bookey, Sr.
  236 F.2d 877· 9th Cir.· 1956-08-27
  The court held that the referee had summary jurisdiction because the adverse claims were colorable, the transfer of assets violated the Bulk Sales Act, and the new entity was a continuation of the bankrupt business to conceal assets.
• Wright v. Bd. of Pub. Instruction of Sumter Cnty.
  8 Fla. Supp. 139· Sumter Cty. Cir. Ct.· 1955-09-29
  Wright sued the Board of Public Instruction of Sumter County to recover on twenty time warrants issued in 1923. The Florida Supreme Court reversed the trial court on the negotiability issue, and on remand, the trial court found that Wright failed to establish he was a holder in d
• Mignon Reinecke v. Commissioner OF Internal Revenue
  220 F.2d 406· 8th Cir.· 1955-03-24
  The court held that the assignment of an insurance annuity contract to a wife was a fraudulent conveyance, and the matured benefits were subject to the husband's tax deficiencies under Missouri law, despite statutory protections for unmatured policy benefits.
• Klein v. Mills
  76 So. 2d 492· Fla.· 1954-12-17
• Felder v. DYE
  2 Fla. Supp. 9· Dade Cty. Cir. Ct.· 1952-05-21
  In supplementary proceedings to enforce a judgment against Alberta Dye, the court examined her assets and determined that a deed she executed to convey real property to her mother (Peggy Dye) without consideration was void, leaving title in Dye and the property subject to executi
• Faurot v. Moore
  196 F.2d 883· 10th Cir.· 1952-05-13
  The prior state court judgment cancelling a deed was not subject to collateral attack for lack of jurisdiction, as the issue of title was properly raised and adjudicated.
• Mount v. Norfolk Sav. & Loan Corp.
  192 F.2d 286· 4th Cir.· 1951-11-05
  Assignments of accounts receivable as collateral are void as against a bankruptcy trustee if the assignor retains unrestricted control over the proceeds and the collateral, even if the assignment is otherwise valid under state law.
• Hilliard v. Sisil
  192 F.2d 800· 9th Cir.· 1951-10-27
  A transfer of assets to a corporation, made with intent to defraud a prior creditor, is void against that creditor even if the corporation assumes the debt, and a receiver's subsequent redemption does not cleanse the fraudulent transfer.
• Detrio v. Boylan et ux.
  190 F.2d 40· 5th Cir.· 1951-06-14
  A conveyance to fulfill an oral agreement to reconvey, even if the agreement is otherwise unenforceable as an oral trust, constitutes sufficient consideration to support the conveyance against creditors.
• Rosenberg v. Goodman
  185 F.2d 235· 7th Cir.· 1950-11-17
  The court held that the plaintiff failed to establish that the decedent transferred stock while insolvent with intent to defraud creditors, and therefore the judgment of the District Court is affirmed.
• Schwartz v. A. J. Armstrong Co., Inc.
  179 F.2d 766· 2d Cir.· 1950-01-30
  The court held that a creditor's lien obtained within four months of a bankruptcy filing against an insolvent debtor is void, even if the lien attached to property fraudulently conveyed.
• In re Power Eng'g Co. Chatham Bank of Chicago v. Chatz
  177 F.2d 240· 7th Cir.· 1949-10-13
  The court held that the bank did not take possession of the chattels, and therefore the instruments were void as to the receiver and creditors for failure to comply with the Illinois Bulk Sales Law and Chattel Mortgage Act.
• Sims v. Palmer
  160 Fla. 617· Fla.· 1948-06-22
  The Florida Supreme Court reversed a foreclosure decree entered by the trial court, holding that a tax deed issued to Sims based on a 1942 tax certificate constituted a new and independent title that was not subject to a prior purchase money mortgage when the tax certificate hold
• Guice v. Burrage
  156 F.2d 304· 5th Cir.· 1946-06-27
  The court held that plaintiffs' acceptance of delay rental payments after discovering the existence of mineral deeds ratified those deeds, preventing cancellation, especially when subsequent purchasers were bona fide purchasers for value without notice of the fraud.
• Hamaker v. Heffron (two cases)
  148 F.2d 981· 9th Cir.· 1945-02-28
  The court held that the wife's transfers of her separate property were not fraudulent as to the bank because the bank was not her creditor at the time of the transfers, and that the husband's art was properly found to be part of his estate transferred in fraud of creditors.
• Wingate v. Bercut
  146 F.2d 725· 9th Cir.· 1944-12-29
• EPP v. Bicknell
  138 F.2d 735· 8th Cir.· 1943-11-12
  A conveyance of a co-tenant's interest to a debtor farmer, even for nominal consideration and in contemplation of bankruptcy, is not fraudulent if the debtor was already obligated for the entire mortgage debt and had an equity of redemption in the entire property.
• Bloch v. Mill Factors Corp.
  134 F.2d 562· 2d Cir.· 1943-04-02
  The court held that the factor's lien on accounts receivable was valid because the assignor's dominion over returned merchandise did not rise to the level of agreement by the factor, thus not invalidating the assignments under Benedict v. Ratner.
• Bee Dee Mgmt. Co. v. Kenyon
  122 F.2d 299· 10th Cir.· 1941-08-01
  The court held that the unsecured claim was barred by the statute of limitations, but the secured claim, based on a note and deed of trust, should have been allowed as it represented valid advances for the bankrupt's benefit and was not fraudulent.
• Sandler v. Freeny
  120 F.2d 881· 4th Cir.· 1941-06-10
  A mortgage is not invalid due to an incidental inaccuracy in reciting the consideration, provided the actual indebtedness is correctly stated, there is no fraud, and the affidavit substantially complies with statutory requirements.
• Kuhn v. Chesapeake & O. Ry. Co.
  118 F.2d 400· 4th Cir.· 1941-03-10
  The court held that the trial court erred in certain jury instructions regarding the river boundary, the exclusion of evidence of prior adverse possession, and in instructing the jury that a deed was fraudulent.
• Calvin v. Wash. Props., Inc.
  121 F.2d 19· D.C. Cir.· 1941-02-17
  A successor corporation is not liable for the predecessor's debts when it acquires assets through a foreclosure sale, even if the controlling creditors were also shareholders, as long as the foreclosure was not a fraudulent scheme to deprive general creditors of their rightful sh
• Shedd v. Oliver
  144 Fla. 775· Fla.· 1940-11-19
  This case involves an attorney who embezzled funds entrusted to him by his clients and then attempted to hide assets. The court affirmed the lower court's decision, emphasizing the importance of administering justice and not allowing procedural rules to shield fraud.
• E. Harris Drew ad litem of the Estate of A. A. Thompson v. Gais Realty Corp.
  142 Fla. 141· Fla.· 1940-02-27
  The Florida Supreme Court affirmed a lower court's decision regarding the distribution of assets of Gais Realty Corporation. The court found sufficient evidence to support the trial court's findings concerning a disputed lot.
• First Wis. Nat'l Bank of Milwaukee v. Schwab
  141 Fla. 748· Fla.· 1940-02-16
  First Wisconsin National Bank challenged a trust deed executed by Rudolph J. Schwab that was claimed to shield real estate from the Bank's claim against Schwab's estate. The Florida Supreme Court held that a trust deed reserving the grantor's income for life and power to designat
• Bedenbaugh v. Butler
  141 Fla. 329· Fla.· 1940-01-12
  The Florida Supreme Court affirmed a chancellor's decree dismissing a creditor's bill seeking to set aside a deed of real property from L.C. Butler to his wife Eva D. Butler. The court upheld the finding that the property had been gifted to Eva D. Butler by L.C. Butler's father y
• Howell v. Bennett
  140 Fla. 837· Fla.· 1939-12-05
  H. W. Bennett, a creditor holding an unsatisfied judgment against George D. Howell, filed an equitable bill to reach lands titled in Howell's minor sons, alleging they were placed in the children's names to defraud creditors. The Florida Supreme Court affirmed the lower court's d
• Richardson v. Clarence P. Grill in Bankruptcy of the Estate of Walter S. Richardson
  138 Fla. 787· Fla.· 1939-06-30
  The Florida Supreme Court reversed a decree that impressed real property with a trust for creditors, holding that a husband's transfer of funds to his wife and their joint purchase of property was not fraudulent where the husband had substantial assets and only minimal debts at t
• Miakka Ests., Inc. v. B. L. E. Realty Corp.
  132 Fla. 307· Fla.· 1938-03-31
  Miakka Estates, Inc. appealed from an interlocutory order denying its motion to strike affirmative defenses alleging that B.L.E. Realty Corporation was a fraudulent shell corporation controlled by the Grand International Brotherhood of Locomotive Engineers. The Florida Supreme Co
• Justine Sweat v. Boyd
  126 Fla. 180· Fla.· 1936-11-18
  This case involves an appeal from a final decree dissolving a partnership, discharging a receiver, and denying a contempt petition. The appellate court affirmed the lower court's decision, finding no reversible error in the proceedings or the final decree.
• Pearson v. Bankruptcy
  123 Fla. 521· Fla.· 1936-03-30
  Rosa M. Pearson sought to foreclose a mortgage originally held by the Bank of Alachua against lands once owned by her bankrupt husband. The Florida Supreme Court reversed the lower court's decree, holding that Rosa validly purchased the note and mortgage from the Bank for $2,500
• Hazen v. Robinson
  123 Fla. 392· Fla.· 1936-03-13
  In this ejectment action, the Florida Supreme Court affirmed a jury verdict for the defendant upholding a challenge to a deed executed by an elderly widow on equitable grounds of lack of mental capacity and undue influence. The court found substantial evidence supported the jury'
• Barry v. Willard
  121 Fla. 348· Fla.· 1935-11-01
  Patrick Barry, a Catholic bishop, sought to impound collateral and impose liability on Frank Senn for a judgment obtained against Barry by A.G. Willard. The Florida Supreme Court affirmed the dismissal of Barry's bill in equity, finding it stated no enforceable equity against eit
• E. H. L. Page Props., Inc. v. Pinellas Groves
  121 Fla. 699· Fla.· 1935-09-21
  This case concerns whether a creditor can file a "creditors' bill" to void a fraudulent assignment of a mortgage before obtaining a judgment against the debtor. The court held that while a creditors' bill can be filed before judgment, a lawsuit for the debt must first be initiate
• Bush v. Cary Brown
  120 Fla. 183· Fla.· 1935-06-22
  Florida Supreme Court affirmed a decree in favor of heirs challenging a sheriff's sale of real estate belonging to a decedent's estate. The court held that an administrator who purchased monuments without legal authority and allowed a default judgment against the estate had no ri
• State Bank of Haines City v. Lockhart
  120 Fla. 278· Fla.· 1935-05-09
  The Florida Supreme Court affirmed a lower court's decision, finding no evidence that a wife's receipt of mortgage notes and subsequent title to property was intended to defraud future creditors. The bank sought to subject the property to a judgment against the husband, claiming
• Geist v. Wetherill
  119 Fla. 233· Fla.· 1935-05-02
  This case involves a judgment creditor seeking to establish a lien on property purchased at a foreclosure sale. The court affirmed the lower court's decision, finding no evidence that the mortgagor retained any interest in the property after the sale.
• E. C. Roper, Inc. v. Wilson & Toomer Fertilizer Co.
  116 Fla. 798· Fla.· 1934-10-11
  E.C. Roper, Inc. filed an equity bill to set aside a conveyance of land by the corporation to stockholder E.O. Roper as fraudulent, alleging the transfer was intended to hinder collection of a judgment debt. The Florida Supreme Court affirmed the trial court's denial of the defen
• The Am. Agric. Chem. Co. v. Mrs. F. D. Warner
  114 Fla. 555· Fla.· 1934-04-16
  This case involves a creditors' bill to set aside a conveyance as fraudulent. The trial court denied the complainant's request for an extended deadline to take testimony and subsequently denied a motion to dismiss the case without prejudice, ultimately dismissing the bill. The ap
• The Prudence Co., Inc. v. Garvin
  130 Fla. 680· Fla.· 1930-08-20
  Prudence Company challenged the lower court's decision giving a bank liquidator priority rights to foreclosed property under a trust deed, arguing the trustees lacked authority to release the property without bondholder consent. The Florida Supreme Court affirmed, holding that tr
• Gunn Realty Co. v. Dutton
  76 Fla. 263· Fla.· 1918-08-13
  Gunn Realty Company sought to enjoin the sale of lands under an execution on a judgment against S.J. Gunn for a promissory note debt. The lower court dissolved the temporary injunction after finding that the conveyances to Gunn Realty were fraudulent schemes to hide S.J. Gunn's a
• Gillespie v. Rigby
  66 Fla. 9· Fla.· 1913-06-17
  Rigby brought an equity action against Gillespie and others, alleging fraud in a mortgage foreclosure. Gillespie had advised Rigby to allow foreclosure of a mortgage held by Jones to clear a prior judgment lien, then secretly purchased the property at foreclosure and conveyed it
• Will v. Tornabells
  217 U.S. 2· U.S.· 1910-03-14
  Will & Co. and other creditors of a Porto Rican mercantile firm (Tornabells & Co.) sued to set aside a conveyance of substantially all the firm's property to Luis Aran y Lanci and subsequent mortgages executed by Aran y Lanci, alleging the transactions were fraudulent simulations
• Bluthenthal v. Stone Bros.
  59 Fla. 161· Fla.· 1910-01-01
  The Florida Supreme Court affirmed a judgment for the defendants in an ejectment action, finding that the plaintiffs failed to present sufficient evidence to warrant a verdict in their favor. The plaintiffs claimed title through a sheriff's deed based on a prior judgment, while t
• The Peace River Phosphate Mining Co. v. Singleton
  51 Fla. 288· Fla.· 1906-01-01
  The Florida Supreme Court affirmed a lower court's judgment in favor of a defendant in an attachment case, finding no reversible error despite assigned errors regarding evidence and jury instructions.
• Simon v. Levy
  36 Fla. 438· Fla.· 1895-06-01
  This case concerns whether a creditor who later participates in transactions with a debtor, despite suspecting fraud in prior transfers of property, can still attach that property. The court found that the creditor's subsequent actions estopped them from challenging the validity
• Hayden v. Thrasher
  28 Fla. 162· Fla.· 1891-06-01
  Hayden sought to subject property purchased by the Thrasher brothers to satisfy his demand arising from fraudulently procured endorsements of promissory notes. The Florida Supreme Court held that while Hayden established fraud in procuring his endorsement, he could only recover a
• Goodwin v. FOX
  129 U.S. 601· U.S.· 1889-03-05
  I. Willard Fox borrowed money from Fox & Co. and executed deeds of trust for real estate as security; when he failed to pay within the agreed period, a suit was brought for foreclosure by Henry W. Fox's widow and devisee, Kate W. Goodwin. The Supreme Court reversed in part and re
• Norton v. Hood
  124 U.S. 20· U.S.· 1888-01-09
  A planter named Hood executed promissory notes to a mercantile firm, and after the firm dissolved, the creditor Frellsen obtained a confessed judgment against Hood for the debt, followed by sheriff's sales of Hood's property to Frellsen in 1868. Frellsen later offered Hood the op