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

• Girard Tr. Co. v. Amsterdam
  128 F.2d 376· 5th Cir.· 1942-05-27 ·cited 24×
  The court held that the trial court did not err in finding that Annie K. Amsterdam was the bona fide owner of her shares and in managing the trial proceedings.
• Sommers v. Beverly
  85 Fla. 9· Fla.· 1922-12-15 ·cited 24×
  In this stockholders' suit, the Florida Supreme Court affirmed a decree dismissing a bill of complaint challenging corporate transactions involving a railroad and land company. The court upheld the jurisdiction of a substitute judge from another circuit to hear the case when the
• Wilhelm v. Locklar
  46 Fla. 575· Fla.· 1903-06-01 ·cited 24×
  The Florida Supreme Court reversed a decree setting aside deeds as fraudulent, holding that the creditor's debt did not fall within the constitutional exception allowing liens on homestead property for purchase obligations, and that the judgment by confession was void and could n
• Ballard v. Eckman & Vetsburg
  20 Fla. 661· Fla.· 1884-01-01 ·cited 24×
  In this equity case, the Florida Supreme Court reversed a decree finding fraudulent conveyance where creditors alleged that L. M. Ballard sold his mercantile stock to his brother H. D. Ballard to defraud creditors. The court held that the evidence did not support the fraud allega
• Bellamy v. the Sheriff of Jackson Cnty.
  6 Fla. 62· Fla.· 1855-01-01 ·cited 24×
  The trust deed of November 1844 was valid between the parties and included the mortgaged slaves and land by virtue of the general language 'all his personal effects of every name, nature and description' and the reference to 'future cotton crops made on said plantation,' which ne
• SE Prop. Holdings, LLC v. Neverve LLC
  65 F.4th 1335· 11th Cir.· 2023-04-11 ·cited 23×·via Avoidance Of Fraudulent Transfers
  SE Property Holdings obtained a deficiency judgment against Neverve after Neverve defaulted on secured loans, and then sued when Neverve transferred settlement proceeds to attorneys to pay the principal's personal bankruptcy fees rather than apply them to the judgment. The Eleven
• TransPETROL, Ltd. v. Rodoljub Radulovic
  764 So. 2d 878· Fla. 4th DCA· 2000-08-09 ·cited 23×·via Fraudulent Transfer
  The court affirmed the dismissal of the fraud count for failure to allege reliance or a duty to disclose, and the RICO count for failure to allege proximate cause.
• Barnett v. Burton L. Stern
  909 F.2d 973· 7th Cir.· 1990-08-02 ·cited 23×
  The court held that it lacked jurisdiction over the appeals of Barnett and Liss due to defects in their notice of appeal, but reversed the district court's res judicata dismissal of Levit's RICO claim against Todd Stern, finding it was not a core bankruptcy proceeding.
• In re Roco Corp. v. Avram Cohen
  701 F.2d 978· 1st Cir.· 1983-03-02 ·cited 23×·via Fraudulent Transfer
  The court held that the redemption of the debtor corporation's stock for a promissory note and security interest constituted a fraudulent transfer and that subsequent payments on officer loans were voidable preferences.
• Matthews v. Olive M. Matthews & Soft Water Laundry, Inc.
  177 So. 2d 497· Fla. 2d DCA· 1965-07-09 ·cited 23×·via Fraudulent Transfer
  An estate administrator sued to recover shares of corporate stock allegedly fraudulently transferred by a controlling shareholder after the decedent's death. The trial court dismissed after finding insufficient evidence of fraud and that the claim was barred by laches. The appell
• The Dania Bank v. Wilson & Toomer Fertilizer Co.
  127 Fla. 45· Fla.· 1937-02-04 ·cited 23×
  The Florida Supreme Court reversed a lower court decree that protected property as homestead from a creditor's execution sale, holding that the property lacked homestead character at the time of levy of attachment because F.G. Taylor, though living on the property with his son La
• First State Bank of Clermont v. Fitch
  105 Fla. 435· Fla.· 1932-05-06 ·cited 23×
  The court reversed a lower court's dismissal of a bill of complaint, holding that a creditor could pursue equitable relief to set aside a fraudulent conveyance even without a prior judgment at law. This is permissible when legal remedies are impossible or unavailing, such as when
• Edwards v. Thom
  25 Fla. 222· Fla.· 1889-01-01 ·cited 23×
  Edwards' executor appealed a decree giving priority to Thom's mortgage over Edwards' mortgage, claiming Edwards' mortgage was valid. The Florida Supreme Court held that Edwards' mortgage was not properly recorded because the proof of execution failed to establish delivery, an ess
• Joseph v. Chanin
  940 So. 2d 483· Fla. 4th DCA· 2006-10-04 ·cited 22×
  In this conversion case, the Fourth District Court of Appeal holds that a joint tenant may maintain a conversion action against a third-party recipient of funds wrongfully transferred from a joint bank account, provided the third party holds identifiable funds and refuses a deman
• THE Florida BAR v. Rood
  620 So. 2d 1252· Fla.· 1993-06-24 ·cited 22×
  Edward C. Rood, a Florida attorney, was disbarred for fraudulently conveying property to his father to avoid satisfying a federal judgment against him. The Court approved the referee's findings that Rood violated multiple rules of professional conduct through dishonest conduct an
• Secon Serv. Sys., Inc. v. ST. Joseph Bank & Tr. Co. & Jay Chodock
  855 F.2d 406· 7th Cir.· 1988-08-18 ·cited 22×
  The court held that Secón's claims were barred by the bankruptcy court's prior judgment and that the operating authorities were not securities under federal law. The court also affirmed the dismissal of claims seeking to pierce the corporate veil.
• In re Edward M. Johnson & Assocs., Inc. v. Johnson
  845 F.2d 1395· 6th Cir.· 1988-05-04 ·cited 22×·via Fraudulent Transfer
  The court held that J&A was an intended third-party beneficiary of the stock sale contract, reversing the district court's decision on this point, but remanded issues regarding failure of consideration defenses. The court also reversed the district court's factual finding on unpa
• In re Gardner v. Grange Mut. Cas. Co.
  810 F.2d 87· 6th Cir.· 1987-01-22 ·cited 22×
  The court held that the district court's order reversing a bankruptcy court's decision was a final, appealable order, and that the insurance policy exclusion applied, denying coverage.
• In re O.P.M. Leasing Servs., Inc. v. FAR W. Fed. Sav. & Loan Ass'n
  769 F.2d 911· 2d Cir.· 1985-08-05 ·cited 22×
  The court held that the district court did not abuse its discretion in denying a motion for an out-of-time appeal, as the circumstances did not constitute excusable neglect.
• United States v. Neidorf
  522 F.2d 916· 9th Cir.· 1975-08-04 ·cited 22×
  The court held that the six-year limitations period applies to actions founded upon quasi-contract, but not to actions to set aside fraudulent conveyances.
• United States v. Klari A. Erdoss
  440 F.2d 1221· 2d Cir.· 1971-04-02 ·cited 22×
  The court held that ignorance of the law, when a conscious decision has been made by counsel not to oppose a judgment, does not constitute excusable neglect under Rule 60(b)(1) and that Rule 60(b)(1) and 60(b)(6) are mutually exclusive.
• DELTA AIR Lines, Inc. v. Wilson
  210 So. 2d 761· Fla. 3d DCA· 1968-05-21 ·cited 22×·via Fraudulent Transfer
  The court held that the Statute of Frauds precludes proof of personal guarantee intent and that the corporate officer's signature did not create personal liability, nor was there sufficient basis to disregard the corporate entity.
• McNELLIS v. Merchs. Nat'l Bank & Tr. Co. OF Syracuse
  385 F.2d 916· 2d Cir.· 1967-11-24 ·cited 22×·via Fraudulent Transfer
  The court held that the district court's order, though certified under Rule 54(b), was not a final appealable judgment because it did not adjudicate a distinct claim for relief.
• Banner Constr. Corp. v. Arnold
  128 So. 2d 893· Fla. 1st DCA· 1961-04-25 ·cited 22×
  Banner Construction Corporation appealed a judgment denying its third-party claim to funds garnished from Pan American Surety Company. The jury found that Banner's assignment from Bruce Bowen, Inc., was fraudulent as to creditor Arnold, and the appellate court affirmed, holding t
• Joe H. Schneider in Bankr. of the Est. of Morgan Ins. Agency, Inc. v. Dutch O'Neal and George A. Toney
  243 F.2d 914· 8th Cir.· 1957-05-14 ·cited 22×·via Avoidance Of Fraudulent Transfers
  The court held that while the trustee, standing in the bankrupt's shoes, could not recover illegally paid commissions due to the pari delicto doctrine, the trustee could potentially recover under Section 70(e) of the Bankruptcy Act on behalf of creditors if the transfers were voi
• Hullum v. Bre-Lew Corp.
  93 So. 2d 727· Fla.· 1957-03-22 ·cited 22×
  The Florida Supreme Court reversed the trial court's dismissal of a complaint seeking to establish and foreclose an equitable lien on real estate. The case involved a father who obtained loans from his daughter for a motel project but failed to provide promised security, and late
• Bernstein v. Bernstein
  43 So.2d 356· Fla.· 1949-06-28 ·cited 22×
  Melvin Bernstein appealed a final decree in a marital property case, posting a supersedeas bond to stay execution of the sale of real property. The Supreme Court reversed the judgment holding him liable under the bond for attorneys' fees and interest, finding these conditions wer
• Virginia-Carolina Chem. Corp. v. Smith
  121 Fla. 720· Fla.· 1935-10-15 ·cited 22×
  Virginia-Carolina Chemical Corporation obtained a judgment against D. C. Smith and sought to reach property in Sumter County that Smith had conveyed to his brother F. D. Smith through supplementary execution proceedings. The Florida Supreme Court reversed because F. D. Smith, a t
• Sons v. Shouse
  24 Fla. 490· Fla.· 1888-06-01 ·cited 22×
  A. Einstein's Sons sought to enforce a chattel mortgage against personal property owned by Evans & Green. The mortgagees recorded the mortgage and later sued to foreclose after Evans & Green conveyed their assets to Robert Shouse through a deed of assignment for the benefit of cr
• Tenet Healthcare Corp. v. Dipnarine Maharaj M.D. & Stem Cell, Inc.
  787 So. 2d 241· Fla. 4th DCA· 2001-05-23 ·cited 21×·via Fraudulent Transfer
  Tenet Healthcare and affiliated entities appealed a denial of their motion to compel arbitration of a dispute with Dr. Maharaj and Stem Cell, Inc. over termination and alleged breaches arising from a limited partnership agreement and physician employment agreement. The court reve
• Segal v. Rhumbline Int'l, Inc.
  688 So. 2d 397· Fla. 4th DCA· 1997-02-12 ·cited 21×
  The Segals appealed a summary judgment dismissing their fraud, negligent misrepresentation, and fraudulent conveyance claims against Buhler and Monroe arising from a 1988 yacht purchase-leaseback transaction. The court reversed the summary judgment on fraud and fraudulent conveya
• Rosenfeld v. TPI Int'l Airways
  630 So. 2d 1167· Fla. 4th DCA· 1993-12-29 ·cited 21×
  The Florida Fourth District Court of Appeal addressed whether statutory requirements for supplementary proceedings were jurisdictional and whether attorney's fees could be awarded against a third-party defendant. The court held the requirements were not jurisdictional and could b
• Patterson v. Venne
  594 So. 2d 331· Fla. 3d DCA· 1992-02-25 ·cited 21×
  Teresa Patterson appeals an order in supplementary proceedings that impleaded her as a defendant and required her personal appearance in Dade County despite her residence in Clay County. The court affirmed the venue determination but quashed the requirement for Patterson's person
• Ned Gill v. Phillips
  337 F.2d 258· 5th Cir.· 1964-10-15 ·cited 21×
  The court held that the appellant's actions did not constitute implied consent to the bankruptcy referee's summary jurisdiction to determine whether transfers were preferential or fraudulent.
• Clarke v. Chase Nat. Bank of City of N.Y.
  137 F.2d 797· 2d Cir.· 1943-07-29 ·cited 21×
  The court held that a trustee's dereliction of duties can be a proper part of a reorganization proceeding, and the trustee may be held liable for losses traceable to its culpable indifference.
• Sneed v. Coma E. Davis
  135 Fla. 271· Fla.· 1938-12-07 ·cited 21×
  This case addresses whether stock transfers made by a debtor to his family members constitute fraud on creditors when the property transferred is exempt under Florida's homestead exemption. The Florida Supreme Court held that exempt property cannot be fraudulently conveyed becaus
• Dennis v. Ivey
  134 Fla. 181· Fla.· 1938-10-06 ·cited 21×
  John L. Ivey appealed the dismissal of his bill of review seeking to overturn a June 1935 decree that revived a $19,500 mortgage to E.S. Futch's estate. The Florida Supreme Court affirmed the dismissal, holding that Ivey was properly before the court in the original suit, suffere
• Kane v. Eustis
  106 Fla. 817· Fla.· 1932-09-28 ·cited 21×
  A second mortgagee who acquires a tax deed indirectly through a quit claim from another cannot assert the tax title as superior to the first mortgage, but equity will subrogate the second mortgagee to the tax lien holder's priority rights to recover the taxes paid from foreclosur
• Mrs. M. A. Vickers v. John B. Glenn in Bankruptcy of the Estate of E. N. Dekle
  102 Fla. 535· Fla.· 1931-07-27 ·cited 21×
  A bankruptcy trustee sought to cancel a mortgage on the ground that it was recorded within four months of the debtor's bankruptcy filing, making it void under bankruptcy law. The Florida Supreme Court reversed, holding that the mortgage was actually delivered to the clerk for rec
• Pierson v. Reinhardt
  133 So. 553· Fla.· 1931-04-04 ·cited 21×
  This case clarifies that a contractor furnishing labor and materials to a married woman's separate property with her knowledge and consent does not need to file a "notice of lien" to enforce payment against her property. The court held that the constitutional provision creating t
• Kahn v. Wilkins
  36 Fla. 428· Fla.· 1895-06-01 ·cited 21×
  Jacob Kahn sought recovery of merchandise he claimed to own but placed in James Wilkins's name to defraud creditors. The Florida Supreme Court affirmed dismissal of the complaint, holding that a party who executes a fraudulent conveyance to defraud creditors cannot recover the pr
• Morton v. Cord Realty, Inc.
  677 So. 2d 1322· Fla. 4th DCA· 1996-07-31 ·cited 20×·via Fraudulent Transfer
  Michael Morton appeals an order in proceedings supplementary that set aside a transfer to him from a judgment debtor, Tradewinds Development Corporation. The appellate court reversed, holding that the trial court erred by placing the burden of proof solely on the non-appearing ju
• In re Xonics Photochemical, Inc.
  841 F.2d 198· 7th Cir.· 1988-03-08 ·cited 20×
  The court held that contingent liabilities must be discounted by their probability of occurrence when determining insolvency, and that Mitsui could not invoke fraudulent conveyance provisions on behalf of the debtor.
• Lovell v. Mixon
  719 F.2d 1373· 8th Cir.· 1983-10-31 ·cited 20×
  Res judicata and collateral estoppel do not bar a bankruptcy court from considering fraudulent transfers in a discharge denial proceeding, even if those transfers were the subject of prior fraudulent conveyance actions.
• H. C. Kirk et ux. v. Howard Jay Edinger et ux.
  380 So. 2d 1336· Fla. 5th DCA· 1980-03-19 ·cited 20×
  The Kirks appealed a judgment dismissing their action to set aside a property conveyance they alleged was fraudulent. The court affirmed the trial court's judgment, holding that while badges of fraud were present, the evidence supported the trial court's finding that the conveyan
• Huntington Towers, Ltd. v. Franklin Nat'l Bank (in liquidation) & Fed. Deposit Ins. Corp.
  559 F.2d 863· 2d Cir.· 1977-07-19 ·cited 20×·via Fraudulent Transfer
  The court affirmed dismissal of claims against the FRB and Comptroller, finding their actions within their statutory authority and protected by immunity. Claims against EAB regarding financing were dismissed due to the Statute of Frauds, while preferential transfer claims against
• In re King-Porter Co., Inc. v. Bankruptcy
  446 F.2d 722· 5th Cir.· 1971-07-19 ·cited 20×·via Fraudulent Transfer
  The court held that the claimant perfected a valid security interest in the air conditioners, and the transfer was not a preferential or fraudulent transfer under the Bankruptcy Act.
• Sponholtz v. Sponholtz
  190 So. 2d 572· Fla.· 1966-09-28 ·cited 20×
  The court held that the transfer of partnership property to a corporation was not fraudulent, and the corporate stock belonged to the petitioner, but remanded to determine alimony impact.
• Aulick v. Flournoy L. Largent
  295 F.2d 41· 4th Cir.· 1961-10-02 ·cited 20×·via Fraudulent Transfer
  The court held that the transfer of stock to Lemley to secure his endorsement of Aulick's note was supported by present consideration and not a voidable preference, except for the $3,000 antecedent debt. However, Aulick received a voidable preference because Lemley's payment to h
• In re Linda Coal & Supply Co.
  255 F.2d 653· 3d Cir.· 1958-05-19 ·cited 20×·via Fraudulent Transfer
  The court held that an appellate court cannot grant relief on a theory not passed upon by the trial court, especially when the party expressly limited the trial to a different theory.