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

• Brigham v. Brigham
  11 So. 3d 374· Fla. 3d DCA· 2009-02-25 ·cited 17×
  Edward Brigham and other appellants challenged the trial court's judgment dismissing their claims against Dana and Patricia Brigham, who as trustees transferred the multi-million dollar Brigham Tree Farms Property to Dana individually without court approval or proper written auth
• Campbell v. Gordon
  674 So. 2d 783· Fla. 1st DCA· 1996-04-26 ·cited 17×
  Wayne Campbell appeals a summary judgment on his counterclaim in a partition action brought by his ex-wife Susan Campbell Gordon. The First District Court of Appeal holds that the counterclaim contains permissive counterclaims that are separately appealable, reverses the judgment
• Metro. Life Ins. Co. & Jefferson-Pilot Life Ins. Co. v. RJR Nabisco
  906 F.2d 884· 2d Cir.· 1990-06-25 ·cited 17×
  The court held that the district court erred in tolling the contractual cure periods, as this altered the unambiguous terms of the indentures and denied the lenders their bargained-for temporal limitations.
• Ferre v. City Nat'l Bank OF Miami
  548 So. 2d 701· Fla. 3d DCA· 1989-07-25 ·cited 17×
  The Ferres appeal a judgment finding fraudulent conveyances of $1,451,973.40 transferred from Maurice Ferre to his wife Mercedes between 1978 and 1988 in supplemental proceedings to enforce a creditor judgment. The appellate court affirmed, holding that fraudulent transfer action
• Treated Timber Prods., Inc. v. S & A Assocs., Inc.
  488 So. 2d 159· Fla. 1st DCA· 1986-05-14 ·cited 17×·via Fraudulent Transfer
  The court held that the trial court erred by applying the incorrect burden of proof when denying a petition for supplemental relief under Florida Statute § 56.29(6)(a).
• Griffin v. Bolen
  149 Fla. 377· Fla.· 1942-01-20 ·cited 17×
  This case involves a fraudulent scheme by an administrator and others to sell estate property for a fraction of its value and acquire it for themselves. The court affirmed the lower court's decision to cancel the fraudulent deeds and quiet title to the heirs, finding the transact
• Tenny v. The Hilton Corp.
  140 Fla. 521· Fla.· 1939-11-21 ·cited 17×
  The Florida Supreme Court affirmed the dismissal of a bill of complaint brought by F. M. Tenny, who sought to recover property and stock he had transferred to a corporation controlled by his wife for the admitted purpose of protecting assets from creditors. The court held that a
• Barnes & Jessup Co. v. Williams
  64 Fla. 190· Fla.· 1912-06-01 ·cited 17×
  Barnes & Jessup Company sought to overturn a lower court decree dismissing its bill to recover property it had purchased at a mortgage foreclosure sale. The case involves competing claims to land based on a bond for title held by Haward and assignments of that bond, with the cent
• Gaston Drake v. Brady
  57 Fla. 393· Fla.· 1909-01-01 ·cited 17×
  This case involves a dispute over land ownership where the seller, Henderson, first agreed to sell to Drake and received full payment, then sold to Brady despite knowing of the prior agreement. The court found that Brady, having purchased with notice of Drake's rights, was bound
• In re Fundamental Long Term Care, Inc. v. Rubin Schron
  873 F.3d 1325· 11th Cir.· 2017-10-19 ·cited 16×·via Fraudulent Transfer
  The Eleventh Circuit affirmed the dismissal of all claims against real-estate investor Rubin Schron in a complex bankruptcy adversary proceeding arising from a "bust-out" scheme in which nursing-home operators transferred assets to judgment-proof entities to evade liability for $
• Daewoo Motor Am., Inc. v. Gen. Motors Corp.
  459 F.3d 1249· 11th Cir.· 2006-08-11 ·cited 16×·via Fraudulent Transfer
  Daewoo Motor America, Inc., a U.S. subsidiary and exclusive distributor of Daewoo vehicles, challenged the dismissal of claims against General Motors and others arising from a Korean bankruptcy reorganization that transferred Daewoo Korea's assets to a new entity (GMDAT), which t
• Lab. Corp. OF Am. v. Prof'l Recovery Network
  813 So. 2d 266· Fla. 5th DCA· 2002-04-12 ·cited 16×·via Fraudulent Transfer
  Laboratory Corporation of America appealed a summary judgment dismissing its claims against Professional Recovery Network, Inc. for debts incurred by their predecessor, Drug Programs Management, Inc. The court reversed, finding genuine issues of material fact regarding whether PR
• Acadia P'rs, L.P. v. Tompkins
  673 So. 2d 487· Fla. 5th DCA· 1996-03-22 ·cited 16×·via Fraudulent Transfer
  Acadia Partners filed two separate actions arising from the same underlying transaction: one for breach of a credit agreement (319 action) and another for fraud and related tort claims (320 action). The trial court granted summary judgment dismissing the 320 action based on res j
• Grant v. George Schumann Tire & Battery Co.
  908 F.2d 874· 11th Cir.· 1990-08-10 ·cited 16×·via Fraudulent Transfer
  The court affirmed the bankruptcy court's attorney fee award and denied fees for appellate defense, finding the original award reasonable and the services for appeals unnecessary. The court also remanded for proper distribution of interest on a delayed refund.
• Spartech Corp. v. Opper
  890 F.2d 949· 7th Cir.· 1989-11-29 ·cited 16×
  The court held that diversity jurisdiction was proper, and the district court's findings of fact regarding breach of fiduciary duty and lack of fraud were not clearly erroneous.
• In re Chase & Sanborn Corp. v. Sanchez
  813 F.2d 1177· 11th Cir.· 1987-04-06 ·cited 16×·via Avoidance Of Fraudulent Transfers
  The court held that funds channeled through a debtor corporation's account as part of a scheme to repay a personal debt of the owner were not the property of the debtor, and thus the transfer was not avoidable as fraudulent.
• In re Greenbrook Carpet Co., Inc. v. The Nat'l City Bank OF Rome
  722 F.2d 659· 11th Cir.· 1984-01-03 ·cited 16×·via Fraudulent Transfer
  The court held that the bankruptcy court's finding of reasonably equivalent value was not clearly erroneous, and thus the payments were not fraudulent transfers.
• The Clarkson Co. Ltd. in Bankr. v. Shaheen
  660 F.2d 506· 2d Cir.· 1981-09-15 ·cited 16×
  The court held that while the evidence supported the jury's findings of director liability for fraudulent loans and the Promissory Note, the damages awarded for the Promissory Note must be apportioned among the directors in the same percentages as the damages for the fraudulent l
• Duchek v. Jacobi
  646 F.2d 415· 9th Cir.· 1981-05-29 ·cited 16×
  Federal Rule of Civil Procedure 69(a) requires federal courts to follow state procedural law for execution of judgments, but does not divest federal courts of jurisdiction to enforce judgments, even if state statutes appear to direct such proceedings to state tribunals.
• Calhoun v. Baylor
  646 F.2d 1158· 6th Cir.· 1981-04-08 ·cited 16×
  The court held that the evidence was sufficient to support the jury's finding of actual fraud and that the trial court did not commit reversible error in its evidentiary rulings or jury instructions.
• Pankow Constr. Co. v. Advance Mortg. Corp.
  618 F.2d 611· 9th Cir.· 1980-05-13 ·cited 16×
  The court held that California Civil Code § 3264 bars a contractor's claims for equitable lien and third-party beneficiary status against a mortgage lender, and that state law governs other claims like inducing breach of contract and unjust enrichment.
• Heyman v. The Exch. Nat'l Bank OF Chicago
  615 F.2d 1190· 7th Cir.· 1980-02-20 ·cited 16×·via Fraudulent Transfer
  The court held that a bankrupt's third-party intervention motion was untimely and that the bankrupt failed to demonstrate the trustee's inadequate representation of his interest in potential surplus assets.
• In re Christian & Porter Aluminum Co. v. DeWayne F. Titus
  584 F.2d 326· 9th Cir.· 1978-10-17 ·cited 16×
  Corporate appellants suspended for non-payment of California franchise taxes lack the capacity to appeal. The bankruptcy court had summary jurisdiction due to a valid settlement agreement consenting to it.
• Avco DELTA Corp. Canada Ltd. v. United States
  540 F.2d 258· 7th Cir.· 1976-07-23 ·cited 16×·via Fraudulent Transfer
  The court held that the Parkhill companies were not denied due process by the seizure of their assets, as they made a tactical choice not to participate in the hearings, and that the assets of all three companies could be used to satisfy the tax liabilities of one under the alter
• King v. Nat'l Indus., Inc.
  512 F.2d 29· 6th Cir.· 1975-03-06 ·cited 16×
  The court held that the plaintiff failed to demonstrate that RIC was a third-party beneficiary to the 1966 agreement, and therefore, the 1970 settlement agreement did not constitute a voidable transfer of RIC's property under the Bankruptcy Act.
• Hyde Props. v. McCOY
  507 F.2d 301· 6th Cir.· 1974-11-05 ·cited 16×
  The court held that there is no constitutional right to a jury trial in an interpleader action where the creditor seeks to annul a fraudulent conveyance, and the district court's findings of fraudulent conveyance were not clearly erroneous.
• G. L. Nicklaus in Bankr. of the Est. of Bronson Woodworth, Inc. v. Bank OF Russellville
  336 F.2d 144· 8th Cir.· 1964-09-08 ·cited 16×
  A bankruptcy trustee cannot claim property obtained by fraud, especially when a state court has already established jurisdiction over the res prior to bankruptcy.
• Pettit v. Doeskin Prods., Inc.
  270 F.2d 95· 2d Cir.· 1959-08-24 ·cited 16×·via Fraudulent Transfer
  The court held that the debtor is entitled to cancellation of the invalidly issued Keta shares, but this recovery must be conditioned on restoring Doeskin Products Inc. to its prior position, equivalent to cancelling the invalidly issued Doeskin shares.
• Charles G. Black in Bankr. of the Est. of Butler-Foster Milling Co. v. First Nat'l Bank OF Mobile
  255 F.2d 373· 5th Cir.· 1958-05-26 ·cited 16×·via Fraudulent Transfer
  The court held that a complaint should not be dismissed if it does not appear with certainty that the plaintiff cannot be entitled to relief under any provable set of facts.
• In re Wolf. Appeal of Huggins
  165 F.2d 707· 3d Cir.· 1948-01-21 ·cited 16×·via Fraudulent Transfer
  The court should reverse the bankruptcy court's affirmance of the referee's finding, as the evidence clearly indicates a fraudulent transfer of property.
• Glint Factors, Inc. v. Schnapp
  126 F.2d 207· 2d Cir.· 1942-03-03 ·cited 16×·via Fraudulent Transfer
• Maud L. Clarke by Her Next Friend N. M. Clarke v. Grizelle B. Hartt
  56 Fla. 775· Fla.· 1908-06-01 ·cited 16×
  This case involves an appeal from a lower court's dismissal of a bill in equity. The appellants, heirs of William D. Hartt, alleged that a deed he executed was a fraud due to his alleged mental incapacity and undue influence by his son, Harris D. Hartt. The appellate court affirm
• Smith v. Elliott
  56 Fla. 849· Fla.· 1908-06-01 ·cited 16×
  Russell B. Smith sought to foreclose a mortgage and obtained a default judgment against non-resident defendants. Four years later, J. M. Elliott, Jr., who had purchased the mortgaged property two years after the foreclosure decree, petitioned to intervene and set aside the decree
• Alston v. Rowles
  13 Fla. 117· Fla.· 1869-01-01 ·cited 16×
  A debtor's creditors may follow funds of the debtor used to purchase property titled to a third party, but only if the creditor can establish a present debt or liability at the time of purchase. Where a surviving partner takes title to property in his wife's name after his partne
• Chessler v. ALL Am. Semiconductor, Inc.
  225 So. 3d 849· Fla. 3d DCA· 2016-11-30 ·cited 15×·via Fraudulent Transfer
  The court held that the order disqualifying counsel did not meet the high standard for certiorari review, thus denying the petition.
• 381651 Alberta, Ltd. v. 279298 Alberta, Ltd.
  675 So. 2d 1385· Fla. 4th DCA· 1996-07-10 ·cited 15×
  In this fraudulent conveyance case, the trial court found that a Canadian judgment creditor could set aside transfers of real property made by a judgment debtor through his family trust entity and recover the property to satisfy the judgment. The court held that actions to set as
• Balcor Prop. Mgmt., Inc. v. Ahronovitz
  634 So. 2d 277· Fla. 4th DCA· 1994-03-30 ·cited 15×
  Balcor Property Management appealed a jury verdict finding it liable for civil conspiracy to commit civil theft after it facilitated the assignment of a restaurant lease and the sale of corporate equipment to a third party. The court reversed, holding that the plaintiff lacked a
• Cruden v. The Bank OF NEW York
  957 F.2d 961· 2d Cir.· 1992-01-06 ·cited 15×
  The court held that the statute of limitations for claims against Indenture Trustees did not begin to run until the debenture payment default occurred, as no remedy was available to plaintiffs before that time. It also found that the Trustees' reliance on counsel opinions was a v
• Hurlbert v. Shackleton
  560 So. 2d 1276· Fla. 1st DCA· 1990-04-18 ·cited 15×
  A debtor's transfer of assets to joint tenancy with his wife is subject to execution to satisfy a subsequently-obtained judgment only if the debtor harbored actual fraudulent intent at the time of transfer; because the creditor was a future, unknown party not in existence when th
• Dep't OF Revenue v. M.E. Rudd and Jean C. Rudd
  545 So. 2d 369· Fla. 1st DCA· 1989-05-26 ·cited 15×
  The Department of Revenue appealed a summary judgment foreclosing a mortgage given by Joseph Rudd to his parents. The court reversed, holding that the trial court lacked jurisdiction to invalidate the tax warrant under the 60-day jurisdictional time limit and that material factua
• In re Sharon Steel Corp.
  871 F.2d 1217· 3d Cir.· 1989-04-07 ·cited 15×
  The court held that the bankruptcy court did not err in appointing a trustee, as no binding agreement prevented the committee from petitioning for one, and the debtor's management demonstrated cause for appointment.
• Fed. Deposit Ins. Corp. v. British-American Ins. Co., Ltd.
  828 F.2d 1439· 9th Cir.· 1987-09-29 ·cited 15×·via Action To Set Aside Fraudulent Conveyance
  The court held that the defendant's contacts with California were insufficient to establish personal jurisdiction, as the transaction was fortuitous and lacked purposeful interjection into the forum state.
• In re Borba v. Michael S. and Cynthia D. Graham
  736 F.2d 1317· 9th Cir.· 1984-07-03 ·cited 15×
  The court held that the failure to provide notice under California Commercial Code § 6107 does not constitute concealment under § 6111, and thus the one-year statute of limitations for bulk transfers begins to run from the date the transferee took possession.
• Kent v. Polk Grocery Co.
  131 Fla. 139· Fla.· 1938-02-09 ·cited 15×
  In this writ of error reviewing a judgment in an attachment claim proceeding, the Florida Supreme Court affirmed the trial court's decision, holding that a claimant to property levied upon must prove title based on their own ownership interest and cannot attack the validity of th
• Schonfeld v. Engler
  119 Fla. 138· Fla.· 1935-04-25 ·cited 15×
  Minnie Engler sought to set aside real property conveyances to Joe Schonfeld, claiming they were fraudulently made without consideration as part of a separate maintenance action against Jacob Engler. The Florida Supreme Court reversed the trial court's decree voiding the conveyan
• Hewitt v. Punta Gorda State Bank
  108 Fla. 39· Fla.· 1933-01-13 ·cited 15×
  The Florida Supreme Court reversed a lower court's denial of a motion to dismiss a creditor's bill alleging fraudulent conveyances by judgment debtors. The Court held that the bill's allegations were insufficient to state a valid claim either as a bill to set aside fraudulent con
• The J. I. Kelley Co. v. Pollock & Bernheimer
  57 Fla. 459· Fla.· 1909-01-01 ·cited 15×
  The J. I. Kelley Company appealed a chancery decree holding it liable for the unsatisfied judgments of creditors of the Jernigan Lumber Company. The court affirmed, finding that the transfer of substantially all of Jernigan's property to Kelley Company constituted a fraudulent co
• Williams v. Finlayson
  49 Fla. 264· Fla.· 1905-01-01 ·cited 15×
  This case concerns whether the burden of proof for fraud lies with the party alleging it when goods are seized under attachment. The appellate court found that the trial court erred in refusing to instruct the jury that the burden of proving fraud rests on the party alleging it.
• Epstein & Bro. v. M. Ferst & Co.
  35 Fla. 498· Fla.· 1895-01-01 ·cited 15×
  Epstein & Bro. and Eckstein & Co. sought to set aside a mortgage as fraudulent against creditors, claiming to be judgment creditors of F. R. Sweat. The Florida Supreme Court affirmed dismissal of their bill of complaint, holding that the judgments upon which they relied were void
• Est. of Jackson v. Ventas Realty
  812 F. Supp. 2d 1306· M.D. Fla.· 2011-09-12 ·cited 14×·via Fraudulent Transfer
  A Florida statutory supplemental proceeding under Section 56.29 to enforce a state court judgment is not a "civil action" removable to federal court because it is an ancillary continuation of the original state court action and federal courts lack original jurisdiction over such