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

• In re W.T. Grant Co. v. Rodman
  699 F.2d 599· 2d Cir.· 1983-01-26 ·cited 28×
  The court held that the bankruptcy court's approval of the amended settlement was reasonable and affirmed the district court's decision, finding that the appeals lacked merit and that res judicata did not bar review of the amended settlement.
• Ames Nowell v. Dick
  413 F.2d 1204· 5th Cir.· 1969-08-04 ·cited 28×
  The court held that the jury's award of attorney fees was not excessive and that the trial court's jury instructions and procedural rulings were proper.
• McNELLIS v. First Fed. Sav. & Loan Ass'n OF Rochester
  364 F.2d 251· 2d Cir.· 1966-07-27 ·cited 28×·via Fraudulent Transfer
  The court held that the federal action for fraudulent transfer of later payments was not barred by res judicata because it constituted a different cause of action and the issues were not litigated in the prior state court action.
• Johnson v. Gardner
  179 F.2d 114· 9th Cir.· 1949-12-28 ·cited 28×
  The court held that the defendants waived their right to a jury trial by failing to make a timely demand under the Federal Rules of Civil Procedure, and the trial court did not abuse its discretion in denying a late request.
• Webster v. 759 Riverside Ave., Inc.
  113 Fla. 8· Fla.· 1933-11-25 ·cited 28×
  A creditor sought to hold a stockholder personally liable for corporate debt under Florida law. The court held that a debt secured by a mortgage with an acceleration clause becomes "payable" within two years when the acceleration is triggered by default, even if the original matu
• Weaver-Loughridge Lumber Co. v. J. Ham Kirkland et ux.
  99 Fla. 427· Fla.· 1930-03-04 ·cited 28×
  This case involves a creditor seeking to set aside a conveyance of land from a husband to his wife as fraudulent. The appellate court reversed the lower court's decision, finding that the wife's claim to the land was subordinate to the creditor's claim due to the husband's appare
• Holly v. Gainesville Nat'l Bank
  80 Fla. 523· Fla.· 1920-10-11 ·cited 28×
  The Florida Supreme Court reversed a lower court decree that subjected land held in the name of Mrs. Holly to the judgment liens of the Gainesville National Bank against her husband J. H. Holly. The court held that because the husband never had title to the land and did not pay f
• McKinne v. Dickenson
  24 Fla. 366· Fla.· 1888-06-01 ·cited 28×
  McKinne appeals from an order granting an injunction that prevents him from enforcing a judgment for property allegedly transferred to him by bill of sale from the deceased Holliday. The court affirmed the injunction, finding that McKinne's answer failed to adequately establish t
• Richardson v. Gilbert
  21 Fla. 544· Fla.· 1885-06-01 ·cited 28×
  Richardson sought to subject land titled to Gilbert's wife to Gilbert's debts and void a mortgage to Russ as fraudulent. The Florida Supreme Court remanded the case, sustaining a demurrer to Richardson's bill for failing to adequately allege assignment of the underlying judgments
• Esteva v. UBS Fin. Servs. Inc.
  60 F.4th 664· 11th Cir.· 2023-02-16 ·cited 27×·via Fraudulent Transfer
  The court held that it lacked jurisdiction over the appeal because the bankruptcy court's order was not final and the parties' attempt to cure this defect via a partial stipulation of dismissal was invalid.
• Anamaria Santiago v. Mauna LOA Invs., LLC
  189 So. 3d 752· Fla.· 2016-03-17 ·cited 27×·via Fraudulent Transfer
  The Florida Supreme Court reversed the Third District Court of Appeal's decision vacating a default judgment in a premises liability case, holding that the district court improperly considered documents outside the complaint when determining whether the complaint stated a cause o
• NEW England Data Servs., Inc. v. Becher
  829 F.2d 286· 1st Cir.· 1987-09-28 ·cited 27×·via Fraudulent Transfer
  The court held that while Rule 9(b) requires specificity in pleading RICO mail and wire fraud, dismissal should not be automatic if the rule is not satisfied; instead, courts should consider allowing discovery if the facts are likely within the defendant's control and the allegat
• Mohican Valley, Inc. v. MacDONALD
  443 So. 2d 479· Fla. 5th DCA· 1984-01-12 ·cited 27×·via Fraudulent Transfer
  The court receded from prior precedent, holding that a lis pendens may be discharged or controlled by the court if the initial pleading does not show the action is founded on a duly recorded instrument, and that a bond may be required in such cases.
• Alain Scordilis v. Drobnicki
  443 So. 2d 411· Fla. 4th DCA· 1984-01-04 ·cited 27×
  A Florida appellate court reversed a trial court's exercise of personal jurisdiction over a non-resident New York defendant in a contract dispute, holding that the defendant lacked sufficient minimum contacts with Florida to satisfy constitutional due process requirements for jur
• Jerry B. Klein for the Liquidation of the Bus. of JNT Invs., Inc. v. Tabatchnick
  610 F.2d 1043· 2d Cir.· 1979-11-26 ·cited 27×·via Fraudulent Transfer
  The court held that a lienor who provides consideration for a lien, even if less than fair, may retain the lien as security for repayment, and is not liable for damages for the decline in the security's value.
• Am. Salvage & Jobbing Co., Inc. v. Jacque Salomon
  295 So. 2d 710· Fla. 3d DCA· 1974-06-11 ·cited 27×·via Fraudulent Transfer
  American Salvage appealed a judgment on the pleadings entered against it in a fraudulent transfer (creditor's bill) action. The court reversed, holding that a reply to affirmative defenses that merely deny allegations already made in the complaint is not required under Florida Ru
• Williams v. Ricou
  143 Fla. 360· Fla.· 1940-06-14 ·cited 27×
  This Florida Supreme Court case addresses whether a bill of complaint seeking partition of real estate, accounting, and relief regarding allegedly fraudulent conveyances was properly dismissed as multifarious. The court held that the bill improperly joined distinct and unrelated
• Rance v. Hutchinson
  131 Fla. 460· Fla.· 1938-02-14 ·cited 27×
  The Florida Supreme Court affirmed a lower court's dismissal of an equitable suit by judgment creditors to subject property to satisfaction of a 1916 judgment, finding that the wife's testimony regarding confidential communications with her deceased husband was properly excluded,
• Watkins v. Watkins
  123 Fla. 267· Fla.· 1936-03-13 ·cited 27×
  Lillian J. Watkins sought to establish a lost deed conveying family land to her as an infant from her grandmother Sue D. Barr. The Florida Supreme Court affirmed the lower court's decision establishing the deed and rejecting defendants' late attempt to amend their answer to chara
• Boyd v. Hunter
  104 Fla. 561· Fla.· 1932-03-25 ·cited 27×
  Hunter sought equitable relief against the Boyds for breach of a profit-sharing contract regarding a Miami real estate transaction, claiming William Boyd fraudulently conveyed the property to his son to avoid sharing profits. The Florida Supreme Court reversed, holding that Hunte
• Logan v. Geo. A. Logan
  22 Fla. 561· Fla.· 1886-06-01 ·cited 27×
  William H. Logan, a judgment creditor, sought equity relief to void a mortgage executed by his debtor George A. Logan on the ground that it was procured by fraud and was inherently fraudulent as to creditors because it permitted the mortgagor to freely dispose of mortgaged mercha
• Regent Bank v. Woodcox
  636 So. 2d 885· Fla. 4th DCA· 1994-05-18 ·cited 26×·via Fraudulent Transfer
  Regent Bank sought to implead a third party in supplementary proceedings under Florida Statute § 56.29 to satisfy an unsatisfied writ of execution. The trial court denied the motion, concluding it lacked jurisdiction absent a reservation of jurisdiction in the original judgment.
• Cerna v. Swiss Bank Corp. (Overseas), S.A.
  503 So. 2d 1297· Fla. 3d DCA· 1987-02-10 ·cited 26×
  Prejudgment attachment is permissible for assets fraudulently transferred or equitably owned by the debtor, even if titled in another's name, but garnishment of debts owed to that other person requires a prior judgment against the debtor.
• Miles v. Katz
  405 So. 2d 750· Fla. 4th DCA· 1981-10-21 ·cited 26×
  Attorney Miles sought to enforce a charging lien and security interest in litigation proceeds against a competing judgment creditor Boltri. The court held that an attorney's charging lien is superior to judgment liens obtained after the attorney commenced services, and that the s
• Robert L. Jackson in Bankr. for Great W. Automatic Sprinkler Co. & Fabrication & Supply Co. v. Star Sprinkler Corp. OF Fla.
  575 F.2d 1223· 8th Cir.· 1978-04-26 ·cited 26×·via Fraudulent Transfer
  The court held that the transfers of assets were fraudulent under § 67(d) of the Bankruptcy Act, and the trustee could recover the value of those assets. The court also clarified that the perfection date of a transfer under § 67(d)(5) applies to time limitations, not the establis
• Winthrop J. Allegaert v. Perot
  548 F.2d 432· 2d Cir.· 1977-01-25 ·cited 26×·via Fraudulent Transfer
  A bankruptcy trustee cannot be compelled to arbitrate claims arising under the Bankruptcy Act and federal securities laws, as these involve significant public policy interests that outweigh the general policy favoring arbitration.
• Nickels v. Koehler Mgmt. Corp.
  541 F.2d 611· 6th Cir.· 1976-09-02 ·cited 26×
  The court held that Ohio's four-year statute of limitations for general fraud actions should be applied to federal securities law claims brought in federal court, as it best effectuates the policies of the federal securities laws.
• NEW Amsterdam Cas. Co. v. Waller
  323 F.2d 20· 4th Cir.· 1963-09-16 ·cited 26×
• Money v. Coy C. Powell and Kathleen Powell
  139 So. 2d 702· Fla. 2d DCA· 1962-04-04 ·cited 26×
  A complaint alleging a transfer of property without consideration, made to hinder, delay, or defraud a tort claimant, and retaining dominion and control by the transferor, is sufficient to state a cause of action to set aside a fraudulent conveyance.
• W. PAC. R.R. Corp. v. W. PAC. R. Co.
  197 F.2d 994· 9th Cir.· 1951-10-29 ·cited 26×
• Smith v. W. A. Pattishall under the last will and testament of Mary O. Beeman
  127 Fla. 474· Fla.· 1937-03-16 ·cited 26×
  The Florida Supreme Court reversed a chancellor's decision to allow reformation of a defectively-described deed, holding that a judgment creditor's lien on property not included in the original deed cannot be defeated by later equitable reformation that would relate back to the o
• Wilder v. Punta Gorda State Bank
  100 Fla. 517· Fla.· 1930-08-02 ·cited 26×·via Fraudulent Transfer
  In this second appeal of a fraud case involving promissory notes, the Florida Supreme Court reverses the trial court's decree because it improperly adjudicated rights to a note that had been transferred to a third party not joined in the suit. The decision establishes important p
• Hart v. Gulf Fertilizer Co.
  91 Fla. 991· Fla.· 1926-05-24 ·cited 26×
  L. Margaret Hart sought to enjoin execution of judgment against property she purchased, claiming the property was the homestead of the judgment debtor W. J. Trowell and thus exempt from creditor process. The Florida Supreme Court reversed the dismissal of her complaint, holding t
• Fries v. Griffin
  35 Fla. 212· Fla.· 1895-01-01 ·cited 26×
  Griffin sought to re-establish a lost deed from Alsop to Roberts and to void Fries' quit-claim deed from Alsop as fraudulent. The Florida Supreme Court affirmed the lower court's decree, holding that Griffin proved the existence and contents of the lost deed with sufficient clari
• Henry L. Mattair and others v. Celia B. Payne and others
  15 Fla. 682· Fla.· 1876-06-01 ·cited 26×
  In this 1876 Florida case, heirs of Amaziah Coy sought to recover property, set aside conveyances alleged to be fraudulent, and obtain partition and distribution of proceeds. The court affirmed dismissal of the bill, finding the pleadings too confused and multifarious to permit r
• United States v. Henco Holding Corp.
  985 F.3d 1290· 11th Cir.· 2021-01-19 ·cited 25×·via Fraudulent Transfer
  The United States sought to recover unpaid federal income taxes from shareholders of Henco Holding Corp. based on fraudulent transfers they received, arguing it did not need to separately assess the shareholders as transferees under Internal Revenue Code § 6901 because it had tim
• In re N & D Props., Inc. v. N & D Props., Inc.
  799 F.2d 726· 11th Cir.· 1986-09-19 ·cited 25×
  The court held that a minority shareholder who became an insider and fiduciary must prove the fairness of her transactions with the debtor, and her claim should be equitably subordinated due to self-serving conduct. However, her loans will not be treated as capital contributions,
• The Travelers Indem. Co. v. Sarkisian
  794 F.2d 754· 2d Cir.· 1986-06-19 ·cited 25×
  A change in decisional law does not warrant relief from judgment under Rule 60(b)(6), and state law claims are not removable under the artful pleading doctrine if their elements are not substantially identical to federal claims or if the plaintiff did not previously elect to purs
• In re Winshall Settlor's Tr.
  758 F.2d 1136· 6th Cir.· 1985-04-05 ·cited 25×
  The court affirmed the dismissal of the Chapter 11 petition, holding that Chapter 11 is intended for reorganizing ongoing businesses, not merely protecting assets, and that a foreclosure sale for 57.7% of market value is not necessarily a fraudulent transfer under bankruptcy law.
• Coleman v. Alcock
  272 F.2d 618· 5th Cir.· 1959-12-04 ·cited 25×·via Avoidance Of Fraudulent Transfers
  A bankruptcy trustee is not bound by a prior state court judgment against the bankrupt when the trustee asserts rights under Section 70(e) of the Bankruptcy Act, as the trustee represents all creditors and has a status superior to the bankrupt.
• Graham v. United States
  243 F.2d 919· 9th Cir.· 1957-04-29 ·cited 25×
  The court held that a prior judgment foreclosing tax liens bars relitigation of the assessment's validity, and that only the taxpayer can challenge tax assessment procedures. The court also affirmed the finding that conveyances were fraudulent.
• Oginsky v. Paragon Props. of Costa Rica LLC
  784 F. Supp. 2d 1353· S.D. Fla.· 2011-05-16 ·cited 24×·via Fraudulent Transfer
  The court granted motions to dismiss, finding the complaint failed to meet pleading standards for RICO and ILSFDA claims due to insufficient particularity and failure to comply with local rules.
• Wells Fargo Armored Servs. Corp. v. Sunshine Sec. & Detective Agency, Inc.
  575 So. 2d 179· Fla.· 1991-01-17 ·cited 24×
  Wells Fargo sought to recover damages from Sunshine Security for a robbery committed by Sunshine's employee. After the Third District Court of Appeal reversed a default judgment on the ground that the original complaint failed to state a cause of action, the trial court dismissed
• In re Chase & Sanborn Corp. v. Granfinanciera, S.A.
  835 F.2d 1341· 11th Cir.· 1988-01-19 ·cited 24×
  The court held that personal jurisdiction was properly exercised over the defendants, the Foreign Sovereign Immunities Act did not apply, and the defendants were not entitled to a jury trial.
• Neff v. Adler
  416 So. 2d 1240· Fla. 4th DCA· 1982-07-21 ·cited 24×
  Neff, a non-resident trustee who was a judgment debtor, challenges the trial court's order impleading him individually in a post-judgment supplementary proceeding. The Fourth District Court of Appeal holds that while section 56.29 permits impleading third parties in supplementary
• Carra A. Raulie v. United States & John Foster Clingingsmith & Kathryn Evelyn Clingingsmith
  400 F.2d 487· 10th Cir.· 1968-08-02 ·cited 24×
  The court held that the allegations in the complaint were sufficient to withstand a motion to dismiss, particularly regarding the fraudulent conveyance and constructive trust claims.
• Suhl v. A. J. Bumb in the Matter of Sec. Currency Servs. Ltd.
  348 F.2d 869· 9th Cir.· 1965-06-28 ·cited 24×
  A bankruptcy court cannot exercise summary jurisdiction to administer assets of third parties, even if they are found to be alter egos of the bankrupt, unless those assets are in the actual or constructive possession of the bankruptcy court; a tortious conversion claim requires a
• Peckham v. Fam. Loan Co.
  196 F.2d 838· 5th Cir.· 1952-05-13 ·cited 24×·via Fraudulent Transfer
  The court held that the prior state court judgment did not bar the present action because the causes of action were different and the specific issues in the current case were not litigated in the prior proceeding.
• Roth v. Fabrikant Bros.
  175 F.2d 665· 2d Cir.· 1949-07-07 ·cited 24×·via Fraudulent Transfer
  The court held that interest should be added to the preference verdict but not the fraudulent transfer verdict, affirming the judgment as modified.
• Commissioner of Internal Revenue v. W. Union Tel. Co.
  141 F.2d 774· 2d Cir.· 1944-03-23 ·cited 24×