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

• Phelan v. Middle States OIL Corp.
  220 F.2d 593· 2d Cir.· 1955-01-11 ·cited 20×
  The court held that the appellants must bear the entire cost of printing the Joint Appendix due to the unanimous dismissal of a claim against one appellee.
• Chatz v. Freeman
  204 F.2d 764· 7th Cir.· 1953-05-18 ·cited 20×·via Fraudulent Transfer
  Rule 65(c) requiring a bond is not controlling in bankruptcy proceedings, and the requirement of a bond rests within the discretion of the bankruptcy court.
• Republic of Italy v. DE Angelis
  206 F.2d 121· 2d Cir.· 1953-01-20 ·cited 20×
  The court held that the transactions constituted fraudulent conveyances and justified an attachment under New York law, reversing the lower court's order.
• Blackburn v. Venice Inlet Co.
  38 So. 2d 43· Fla.· 1948-12-03 ·cited 20×
  The appellate court affirmed a lower court's dismissal of a creditor's bill. The plaintiffs, judgment creditors, sought to subject certain lands to their judgments, alleging fraud and conspiracy in a prior mortgage foreclosure and subsequent sale. The court found no competent evi
• Hollis Rinehart v. Edith B. Phelps AND John B. Phelps
  150 Fla. 382· Fla.· 1942-04-14 ·cited 20×
  This case involves the enforcement of an estate's claim against real property owners who failed to execute a second mortgage as ordered by the probate court. The Florida Supreme Court reversed the trial court's dismissal and held that equity requires the property owners, who rece
• W. F. S. Co. v. The Anniston Nat'l Bank of Anniston
  140 Fla. 213· Fla.· 1939-10-06 ·cited 20×
  The court affirmed a lower court's decision to strike a counterclaim. The counterclaim sought to impound foreclosure sale proceeds pending a separate common law suit, but the court found it lacked necessary parties and was improperly framed.
• Rigby v. Middlebrooks
  102 Fla. 148· Fla.· 1931-06-24 ·cited 20×
  A creditor sought to cancel a deed conveying property from a debtor to a corporation, alleging fraud. The Florida Supreme Court affirmed the lower court's decree, holding that homestead property exempt from execution cannot be the subject of a creditor's fraud suit because credit
• Ocklawaha River Farms Co. v. Jefferson D. Young
  73 Fla. 159· Fla.· 1917-01-31 ·cited 20×
  The Florida Supreme Court affirmed the dismissal of a bill in equity seeking to void deeds executed by Ruby C. Connor and her husband to J.M. Elliott Jr. in 1908, holding that the deeds were valid mortgages supported by sufficient consideration (the husband's pre-existing debt to
• Fritz v. Fernandez
  45 Fla. 318· Fla.· 1903-01-01 ·cited 20×
  In this probate dispute, the Florida Supreme Court reversed a decree treating a saloon business purchased with a deceased wife's loans as her separate property. The court held that while a married woman could gift her separate property to her husband without his marital consent,
• Longo v. Associated Limousine Servs., Inc.
  236 So. 3d 1115· Fla. 4th DCA· 2018-01-24 ·cited 19×·via Fraudulent Transfer
  A judgment creditor who files a motion and affidavit satisfying section 56.29(1) is entitled to proceedings supplementary as a matter of right, but impleader of third parties under section 56.29(2) requires the judgment creditor to describe with reasonable particularity any prope
• Biel REO, LLC v. Barefoot Cottages Dev. Co. LLC
  156 So. 3d 506· Fla. 1st DCA· 2014-12-12 ·cited 19×·via Fraudulent Transfer
  Biel Reo, LLC sought to enforce a $4.5 million judgment against debtors Gwin and Shoults by pursuing assets they transferred to irrevocable family trusts after defaulting on a guaranteed loan. The court reversed the trial court's dismissal based on statute of limitations, holding
• Rappaport v. Mercantile Bank
  17 So. 3d 902· Fla. 2d DCA· 2009-09-18 ·cited 19×·via Fraudulent Transfer
  The Florida District Court of Appeal quashed a circuit court order requiring a nonparty wife to disclose her personal financial information and records in a loan dispute action where she was neither a party, a guarantor, nor involved in the transaction. The court held that discov
• Goodman v. Aldrich & Ramsey Enters., Inc.
  804 So. 2d 544· Fla. 2d DCA· 2002-01-16 ·cited 19×·via Fraudulent Transfer
  Sam and Katherine Goodman appeal a partial summary judgment holding them personally liable for a debt owed by their corporation, Prestige Custom Home Builders, based on collateral estoppel from a prior foreclosure action. The court reverses, finding that the five essential elemen
• In re Bundles v. Baker
  856 F.2d 815· 7th Cir.· 1988-08-25 ·cited 19×
  The court held that the sale price at a regularly conducted, noncollusive foreclosure sale is not automatically deemed reasonably equivalent value under section 548(a)(2)(A) of the Bankruptcy Code.
• Pollock v. T & M Invs., Inc.
  420 So. 2d 99· Fla. 3d DCA· 1982-06-22 ·cited 19×
  This consolidated appeal addresses whether a trial court properly modified a final judgment requiring T & M Investments to pay monthly rental payments to Dr. Pollock after T & M claimed performance had become impossible due to inability to acquire surrounding properties for a pro
• Rubin v. Mfrs. Hanover Tr. Co.
  661 F.2d 979· 2d Cir.· 1981-09-21 ·cited 19×
  The court held that the district court applied incorrect legal standards in assessing fair consideration and insolvency for fraudulent conveyance claims under the Bankruptcy Act.
• John G. Bookout for Modern Home Life Ins. Co. v. First Nat'l Mortg. & Disc. Co., Inc.
  514 F.2d 757· 5th Cir.· 1975-05-01 ·cited 19×
  The court held that the appointment of a receiver pendente lite was not an abuse of discretion and affirmed the lower court's order.
• Ferguson v. State Exch. Bank & The First Nat'l Bank of Lake City
  264 So. 2d 867· Fla. 1st DCA· 1972-07-25 ·cited 19×
  Ferguson appeals the denial of her request for a jury trial in supplementary proceedings brought against her as a judgment debtor. The court affirms that supplementary proceedings under Florida Statute Section 56.29(6) are equitable in nature and do not require jury trials, follo
• United States v. Strauss
  283 F.2d 155· 5th Cir.· 1960-10-14 ·cited 19×·via Fraudulent Transfer
  The court held that count eight of the indictment was legally sufficient to charge a conspiracy to violate bankruptcy laws, even if it failed to adequately charge mail fraud.
• Burton v. Keaton
  60 So. 2d 770· Fla.· 1952-10-17 ·cited 19×
  The Supreme Court of Florida addressed specific performance of an oral contract to devise real estate. The court held that while an oral promise to devise a home in exchange for care and companionship could be enforced, the promise did not extend to a second rental house on the s
• Whetstone v. Coslick
  117 Fla. 203· Fla.· 1934-11-09 ·cited 19×
  George M. Whetstone and Roy T. Gallemore, creditors of Mrs. Anna P. Porter under antenuptial land sale contracts, sought to set aside a fraudulent conveyance made after she married George M. Coslick. The Florida Supreme Court reversed the lower court's dismissal, holding that the
• McGill v. Boulevard & Bay Land & Dev. Co.
  100 Fla. 906· Fla.· 1930-10-18 ·cited 19×
  James H. McGill sought to foreclose a mortgage assigned to him through a chain of title. The trial court dismissed the foreclosure bill, but the Florida Supreme Court reversed, holding that McGill established valid ownership of the mortgage and that the defendants failed to prove
• Post v. Bird
  28 Fla. 1· Fla.· 1891-06-01 ·cited 19×
  Post sued Bird (sheriff) for trespass and conversion of personal property that Post claimed to have purchased from Garwood. Bird defended by asserting the property was subject to writs of attachment against Garwood and therefore lawfully seized. The Florida Supreme Court held tha
• Barrow v. William Bailey de bonis non of John Bellamy
  5 Fla. 9· Fla.· 1853-01-01 ·cited 19×
  A conveyance of all a debtor's property for a price substantially below fair market value, made by a debtor in financial distress to a relative with knowledge of the debtor's inability to pay existing creditors, constitutes constructive fraud against creditors even without proof
• Ferguson Enters., Inc. v. Astro AIR Conditioning AND Heating
  137 So. 3d 613· Fla. 2d DCA· 2014-05-07 ·cited 18×·via Fraudulent Transfer
  The circuit court erred by looking beyond the four corners of the complaint to dismiss claims for breach of guaranty and fraudulent transfer.
• Carnes v. T.D. Fender
  936 So. 2d 11· Fla. 4th DCA· 2006-05-17 ·cited 18×
  The Carneses appealed the trial court's grant of summary judgment in favor of Fender on claims of fraudulent conveyance, piercing the corporate veil, and continuation of business. The court reversed, finding that material issues of fact remained precluding summary judgment, parti
• Nationsbank, N.A. v. Coastal Utils., Inc.
  814 So. 2d 1227· Fla. 4th DCA· 2002-05-01 ·cited 18×·via Fraudulent Transfer
  NationsBank, as a judgment creditor against Michael Iacobelli, sought to recover funds that Iacobelli's wife Patricia Maczko withdrew from a joint tenancy account. The court reversed summary judgment for Maczko, holding that factual issues remain regarding whether the withdrawal
• Acadia P'rs, L.P. v. Tompkins
  759 So. 2d 732· Fla. 5th DCA· 2000-05-26 ·cited 18×·via Fraudulent Transfer
  Acadia Partners sued the Tompkinses to pierce their corporation's veil and recover $30 million owed by their company TIGI. The trial court entered judgment for Acadia and applied setoffs for pretrial settlements, then calculated interest under the amended Florida judgment interes
• United States v. Certain Real Prop. Located AT 2525 Leroy Lane
  910 F.2d 343· 6th Cir.· 1990-08-08 ·cited 18×
  The dissenting judge would hold that the district court erred in awarding the innocent spouse full interest and placing the government in a judgment creditor position, arguing for a severance into tenancy in common.
• Hays & Co. for Monge Oil Corp. v. Merrill Lynch
  885 F.2d 1149· 3d Cir.· 1989-09-15 ·cited 18×
  The court held that it has jurisdiction over the appeal under the Judicial Improvements Act and that the bankruptcy trustee is bound by the debtor's pre-petition arbitration agreement for claims derived from the debtor, but not for claims brought under the trustee's § 544(b) powe
• Jaffe v. Grant
  793 F.2d 1182· 11th Cir.· 1986-07-18 ·cited 18×
  The court affirmed the district court's judgment, holding that it had jurisdiction over the counterclaim and properly gave full faith and credit to the state court's judgment, and that the sanctions imposed were just.
• In re S. L. E., Inc. v. S. L. E., Inc.
  674 F.2d 359· 5th Cir.· 1982-04-26 ·cited 18×
  The court held that the appeal was moot and therefore dismissed for lack of jurisdiction because all underlying disputes had been settled and the parties had released each other.
• Nat'l CAR Rental Sys., Inc. v. Bruce A. Ryals Enters., Inc.
  380 So. 2d 529· Fla. 5th DCA· 1980-02-27 ·cited 18×·via Fraudulent Transfer
  The court held that a judgment creditor cannot garnish a third party's bank account if there is no evidence that the funds in that account belong to the judgment debtor, even if the third party previously aided the debtor in fraudulent activities.
• Volpitta v. Fields
  369 So. 2d 367· Fla. 4th DCA· 1979-03-21 ·cited 18×
  This case involves a former wife seeking to set aside a conveyance of her ex-husband's home as fraudulent and claiming damages for conspiracy to defraud creditors. The court found the property was homestead and thus exempt from creditors' claims, meaning the conveyance could not
• Pierce Liberman and Mitchell M. Murch v. Kelso
  354 So. 2d 137· Fla. 2d DCA· 1978-01-25 ·cited 18×
  A judgment of dissolution awarding sole title to entireties property to one spouse defeats the lien of a prior judgment against the other spouse, even if the conveyance occurs after the divorce is finalized.
• Ferguson v. Eakle
  492 F.2d 26· 3d Cir.· 1974-02-15 ·cited 18×
  The court held that the district court abused its discretion by dismissing the plaintiff's complaint, as the defendants would suffer prejudice by having to litigate the same issues in two separate courts.
• Douglas-Guardian Warehouse Corp. v. Jones
  405 F.2d 427· 10th Cir.· 1969-01-22 ·cited 18×
  The court held that the statute of limitations for fraudulent conveyances in Oklahoma begins to run from the date a judgment is obtained against the debtor, not from the date of the conveyance.
• Peter M. Elliott in Bankruptcy for the Estate of Henry H. Herrera v. Glushon
  390 F.2d 514· 9th Cir.· 1967-12-26 ·cited 18×·via Fraudulent Transfer
  The court held that the Bankruptcy Act limits a trustee's recovery for fraudulent transfers and voidable preferences to persons who have actually received the property in question, not merely those who conspired to effect the transfer.
• Markow v. Alcock
  356 F.2d 194· 5th Cir.· 1966-02-07 ·cited 18×
  The court held that Southern Creosoted Lumber Company was a legally distinct entity from Florida Carolina Lumber Company, and therefore its assets were not subject to the claims of Florida's creditors. The court also held that the defendant banks were not estopped from denying th
• Davis v. The Prudential Ins. Co. OF Am.
  331 F.2d 346· 5th Cir.· 1964-04-28 ·cited 18×
  A husband's gift of community property, such as insurance policy proceeds, made during divorce proceedings with the intent to deprive his wife of her community interest, constitutes constructive fraud, entitling the wife to her community share of the proceeds.
• Wynn v. Reconstr. Fin. Corp.
  212 F.2d 953· 9th Cir.· 1954-05-07 ·cited 18×·via Fraudulent Transfer
  The court held that an appeal from a denial of a motion to remand and from a partial summary judgment is not properly before the appellate court as it is not a final judgment or a specifically appealable interlocutory order.
• Wynne v. Boone
  191 F.2d 220· D.C. Cir.· 1951-04-26 ·cited 18×
  The court held that the trial judge's findings of fact regarding fraudulent conveyance were not clearly erroneous and that the appellees had standing to bring the suit under Federal Rule of Civil Procedure 18(b).
• Warfield v. Drawdy
  41 So. 2d 877· Fla.· 1949-07-29 ·cited 18×
  The appellate court affirmed a lower court's decision to deny a plaintiff's request to amend her complaint. The plaintiff initially claimed deeds were forgeries but later admitted to signing them and sought to amend her complaint to allege fraud based on lack of consideration and
• In re Est. OF Alice Francis v. Sims
  153 Fla. 360· Fla.· 1943-02-09 ·cited 18×
  The Florida Supreme Court reversed a circuit court decision that allowed the administrator of Alice Francis's estate to distribute a deceased distributee's share directly to his assignees, rather than to the administrator of the distributee's estate. The Court held that when a di
• Fred E. Hummell in Bankruptcy of the Estate of Leslie Harrington v. Harrington
  92 Fla. 87· Fla.· 1926-06-29 ·cited 18×
  A bankruptcy trustee sued to recover property purchased with funds fraudulently obtained from creditors through a confidence scheme, asserting that the property constituted assets of the bankrupt's estate despite being titled in the wife's mother's name. The trial court sustained
• Lettie A. Copeland and I. B. Copeland v. Rogers
  78 Fla. 88· Fla.· 1919-07-02 ·cited 18×
  The Florida Supreme Court affirmed a lower court's decision, upholding a trustee in bankruptcy's ability to set aside a fraudulent conveyance made by a bankrupt to his wife, even if made more than four months before the bankruptcy filing.
• Guggenheimer & Co. v. Davidson
  74 Fla. 485· Fla.· 1917-12-11 ·cited 18×
  Guggenheimer and Company appeals a foreclosure decree in a complex dispute involving land titles, judgment liens, and mortgage assignments. The Florida Supreme Court reverses the lower court's decision, finding that W. M. Davidson's claims to the property were tainted by fraud de
• D. P. Beasley in Bankruptcy of the Estate of P. S. Coggins v. Coggins
  48 Fla. 215· Fla.· 1904-06-01 ·cited 18×
  A trustee in bankruptcy sought to set aside property conveyances made by the bankrupt debtor, arguing they were fraudulent. The trial court sustained a demurrer to the bill. The Florida Supreme Court reversed, holding that a trustee in bankruptcy has standing to challenge fraudul
• Hayden v. Barton H. Thrasher
  18 Fla. 795· Fla.· 1882-01-01 ·cited 18×
  A surety who paid promissory notes at the request of a co-surety may seek equitable relief to compel the principal obligors to discharge the debt, even without a prior judgment at law. The Florida Supreme Court reversed the dismissal of the bill and held that a surety may pursue
• Wilson and Herr v. Hayward
  6 Fla. 171· Fla.· 1855-01-01 ·cited 18×
  In this equity foreclosure case, the Florida Supreme Court addresses the priority of claims when multiple promissory notes secured by a single mortgage are assigned to different parties and fall due at different times. The court adopts the Virginia rule that the holder of notes m