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

• Celotex Corp. v. Hillsborough Holdings Corp. (In Re Hillsborough Holdings Corp.)
  176 B.R. 223· M.D. Fla.· 1994-10-13 ·cited 14×
  The court affirmed the bankruptcy court's judgment, finding that the appellants failed to prove that the corporate veil between JWC and Celotex should be pierced.
• In re Morris Commc'ns NC, Inc. v. Ashley Commc'ns, Inc.
  914 F.2d 458· 4th Cir.· 1990-10-25 ·cited 14×
  The court held that the bankruptcy judge erred in voiding the transfer of corporate stock for less than reasonably equivalent value, as the transaction was an arm's length bargain between parties with no superior knowledge, and the valuation method was flawed.
• Allard v. DeLOREAN
  884 F.2d 464· 9th Cir.· 1989-08-31 ·cited 14×
  The Ninth Circuit held that the appeal is moot because the trustee is no longer a creditor and therefore lacks standing, and that the district court must determine whether to vacate the judgment because the appellant caused the mootness.
• Jacksonville Bulls Football, Ltd. v. Blatt
  535 So. 2d 626· Fla. 3d DCA· 1988-12-13 ·cited 14×·via Action To Set Aside Fraudulent Conveyance
  Jacksonville Bulls Football appealed a trial court judgment that set aside three asset transfers and a consent judgment as fraudulent conveyances designed to hinder collection of a foreign judgment. The Florida appellate court reversed, holding that transfers for adequate cash co
• Triple-A Baseball Club Assocs. v. Ne. Baseball, Inc.
  832 F.2d 214· 1st Cir.· 1987-10-13 ·cited 14×·via Fraudulent Transfer
  The court held that the contract was unambiguous and the parties were bound by its terms, reversing the lower court's finding of ambiguity and termination.
• F.P.P. Enters. & D & S Tr. v. United States
  830 F.2d 114· 8th Cir.· 1987-09-29 ·cited 14×
  The court held that the purported trusts were shams, fraudulent conveyances, and alter egos of the taxpayers, thus lacking standing to sue for wrongful levy and that the property could be levied to satisfy the taxpayers' tax liability.
• United States v. Tabor Court Realty Corp.
  803 F.2d 1288· 3d Cir.· 1986-10-22 ·cited 14×
  The court held that Pennsylvania's fraudulent conveyance laws apply to leveraged buyouts that benefit shareholders at creditors' expense, but only a portion of the funds transferred should be set aside.
• Ford v. Poston
  773 F.2d 52· 4th Cir.· 1985-09-18 ·cited 14×·via Fraudulent Transfer
  A debtor's transfer of property to create an exemption can be deemed a fraudulent transfer under 11 U.S.C. § 727(a)(2)(A) if there is extrinsic evidence of actual intent to defraud creditors beyond the mere conversion of non-exempt to exempt property.
• Am. Fletcher Mortg. Co., Inc. v. Bass
  688 F.2d 513· 7th Cir.· 1982-09-14 ·cited 14×
  The court held that the appellant's attempts to comply with the court's order were insufficient and amounted to mere 'paper compliance,' and that his due process rights were not violated by the contempt hearing's timing.
• Abramson v. Lakewood Bank & Tr. Co.
  647 F.2d 547· 1st Cir.· 1981-06-10 ·cited 14×·via Fraudulent Transfer
  A non-judicial foreclosure sale constitutes a 'transfer' under § 67(d) of the Bankruptcy Act, and if it occurs within one year of the bankruptcy filing, it may be set aside as a fraudulent transfer if made without fair consideration.
• Teltronics Servs., Inc. v. L M Ericsson Telecomms., Inc.
  642 F.2d 31· 2d Cir.· 1981-02-17 ·cited 14×
  The court held that the second antitrust complaint was barred by res judicata due to the prior dismissal of the same claims on the merits.
• Adler v. Etta Mae Adler and Joan Berk
  365 So. 2d 411· Fla. 3d DCA· 1978-12-05 ·cited 14×
  Sidney Adler appeals from a trial court's orders and final judgment in a dissolution of marriage proceeding. The appellate court affirms the trial court's decision to allow Joan Berk to intervene and attack a property conveyance, but reverses the award of attorney's fees to Berk'
• In re The Duplan Corp. v. Alfred P. Slaner in Reorganization of The Duplan Corp.
  591 F.2d 139· 2d Cir.· 1978-11-17 ·cited 14×
  The court held that appeals concerning the dismissal of the Seventeenth Counterclaim and the denial of the motion to strike the Successor Indenture Trustee's answer were 'controversies' arising in a bankruptcy proceeding, not 'proceedings in bankruptcy,' and thus lacked appellate
• In re Adlman v. Adlman
  541 F.2d 999· 2d Cir.· 1976-09-14 ·cited 14×
  The court held that the bankruptcy judge's finding of actual intent to defraud creditors was not clearly erroneous and affirmed the denial of discharge.
• In re Cushman Bakery & Cushman Baking Co. Appeal of Jacob Agger
  526 F.2d 23· 1st Cir.· 1975-11-25 ·cited 14×
  The court held that Bakers' security interests were properly perfected under Maine law and the transactions were not fraudulent. However, the court reversed the district court's decision regarding the statute of limitations on the trustee's objection to Seaboard's claim.
• Roscoe T. Schafer for the Est. of Gibson Prods. of Durango, Inc. v. Hammond
  456 F.2d 15· 10th Cir.· 1972-03-14 ·cited 14×·via Fraudulent Transfer
  The court held that the transfer of the 'By-Pass' property was fraudulent as to creditors because it was made without fair consideration by an insolvent debtor, and the purchasers were not bona fide purchasers.
• Pardo v. Wilson Line OF Wash., Inc.
  414 F.2d 1145· D.C. Cir.· 1969-05-23 ·cited 14×·via Fraudulent Transfer
  The court affirmed the district court's refusal to enforce the New York judgment, finding no valid jurisdiction over the appellees in the New York courts.
• Leonard v. Bankruptcy
  383 F.2d 556· 9th Cir.· 1967-09-19 ·cited 14×
  A trustee wrongfully possessing property not listed as an asset of the bankrupt estate may be sued in state court for damages without leave of the bankruptcy court.
• David L. Trask in Bankr. of Magic Spuds, Inc. v. Susskind
  376 F.2d 17· 5th Cir.· 1967-04-05 ·cited 14×·via Fraudulent Transfer
  The court held that the trial court did not err in dismissing the fraudulent transfer claims and in excluding the expert witness testimony due to a failure to comply with pre-trial stipulations.
• Sponholtz v. Sponholtz
  180 So. 2d 497· Fla. 3d DCA· 1965-11-16 ·cited 14×
  In this divorce case, the Third District Court of Appeal reversed the trial court's award of a corporation to the husband, finding that the corporation was formed fraudulently to shield his assets from judgment creditors. The court held that a spouse cannot transfer property to d
• SAN Rafael Compania Naviera, S.A. v. Am. Smelting & Ref. Co.
  327 F.2d 581· 9th Cir.· 1964-01-31 ·cited 14×
  The court held that Financiera's assignment of freights was invalid due to insufficient proof and lack of consideration, and that Asarco could not deduct strike-related expenses as Navandes' promise to pay was unsupported by consideration. The court also affirmed the denial of As
• Dutch Am. Mercantile Corp. v. Eighteenth Ave. Land Co.
  302 F.2d 636· 2d Cir.· 1962-05-04 ·cited 14×
  The court held that the order below was not appealable because it was not a final determination of any substantive issue, and therefore dismissed the appeal for lack of jurisdiction.
• Hill v. Lummus
  123 So. 2d 365· Fla. 3d DCA· 1960-10-06 ·cited 14×
  The court reversed a decree that voided conveyances and vested property in the estate of Lucille Gysin, instead holding that title should be vested in the Hills. The Hills prevailed because the estate administrator was estopped from challenging the validity of conveyances that or
• Frank S. Blackford in Bankr. of Munro-Van Helms Co. v. Commercial Credit Corp.
  263 F.2d 97· 5th Cir.· 1959-01-23 ·cited 14×·via Fraudulent Transfer
  The court held that the assignment of accounts receivable complied with the Alabama Assignment of Accounts Receivable Act, and that the transaction, though a loan secured by accounts, was not a fraudulent transfer under Alabama law.
• Nat'l Labor Relations Bd. v. Deena Artware
  261 F.2d 503· 6th Cir.· 1958-12-13 ·cited 14×
  Acts occurring before a court order liquidating back pay amounts cannot form the basis for a contempt finding, even if they were intended to frustrate future compliance.
• King v. Lowell King
  107 So. 2d 259· Fla. 2d DCA· 1958-09-05 ·cited 14×
  This case involves a divorce action where the wife sought a share of real property allegedly purchased with joint funds and fraudulently conveyed by the husband to his mother. The appellate court affirmed the trial court's finding that the wife had a one-half interest in the prop
• Hensley v. United States
  257 F.2d 681· 5th Cir.· 1958-06-30 ·cited 14×·via Fraudulent Transfer
• Dabney v. Levy
  191 F.2d 201· 2d Cir.· 1951-07-10 ·cited 14×·via Fraudulent Transfer
  The court held that the trustee's action was not barred by the statute of limitations because the two-year discovery rule from Bailey v. Glover applied, and the defendant was liable for the misappropriated funds.
• Powell v. Austin T. Race and his wife
  151 Fla. 536· Fla.· 1942-10-06 ·cited 14×
  A creditor sued to set aside conveyances of property from a husband to his wife, arguing they were fraudulent. The Florida Supreme Court reversed the dismissal, holding that once a creditor proves the transfer, the burden shifts to the wife to prove by clear and convincing eviden
• Clermont-Minneola Country Club, Inc. v. Loblaw
  106 Fla. 122· Fla.· 1932-07-08 ·cited 14×
  Clermont-Minneola Country Club appeals a foreclosure decree that subordinated its mortgage lien to a paving company's construction lien. The court held that when a married woman who assumed payment of a first mortgage later purchased that mortgage with her own funds but assigned
• Fla. Brogdex Distribs., Inc. v. M. J. Hulsey in Bankr. for Skinner Mach. Co.
  103 Fla. 723· Fla.· 1931-11-27 ·cited 14×
  A bankruptcy trustee sued directors of a parent corporation and a subsidiary corporation they created, alleging the subsidiary was formed to divert assets of the bankrupt parent corporation beyond the reach of creditors. The Florida Supreme Court affirmed the lower court's overru
• Baldwin v. Lafayette Land Co.
  62 Fla. 129· Fla.· 1911-06-01 ·cited 14×
  The Florida Supreme Court reversed a judgment in a claim proceeding where a claimant sought to recover personal property seized under an execution. The court found the trial court's jury instructions were erroneous regarding fraudulent intent in preferential transfers from insolv
• Mugge v. Jackson
  53 Fla. 323· Fla.· 1907-01-01 ·cited 14×
  The Florida Supreme Court affirmed a lower court's decision that a sale of merchandise was fraudulent and void as to creditors. The court found that the buyer failed to prove which goods were part of the original fraudulent sale and which were subsequently acquired, thus the enti
• Wylly-Gabbett Co. v. Williams
  53 Fla. 872· Fla.· 1907-01-01 ·cited 14×
  The Florida Supreme Court held that a mortgage securing certain creditors' claims is not void as an unlawful assignment for the benefit of creditors, even when executed by an insolvent debtor covering substantially all of its property, if the debtor intended it merely as security
• Eliza Hudnall v. John B. Paine doing Bus. under the firm name of Merryday & Paine
  39 Fla. 67· Fla.· 1897-01-01 ·cited 14×
  A Florida Supreme Court case examining the application of a fraud statute to conditional sales of personal property. The court held that when personal property remains in another's possession for two years without recording or demand, the statute presumes absolute ownership in th
• Seedhouse v. Broward
  34 Fla. 509· Fla.· 1894-06-01 ·cited 14×
  Seedhouse sought to foreclose on a mortgage securing a loan to Dagenhart for purchase of machinery to be placed on property owned by Dagenhart's wife, Mary. The lower court sustained demurrers to the amended bill and dismissed the case. The Supreme Court of Florida reversed, hold
• Daniel v. Taylor
  33 Fla. 636· Fla.· 1894-01-01 ·cited 14×
  The Florida Supreme Court reversed a judgment in a title dispute, holding that a void tax deed—assessed under an invalid assessment and without proper advertisement—conveyed no title to the tax purchaser or his assignee, and therefore could not defeat the ownership rights of the
• Eckman & Vetsburg v. Munnerlyn
  32 Fla. 367· Fla.· 1893-06-01 ·cited 14×
  Eckman & Yetsburg sued to attach property of J. K. Munnerlyn based on an affidavit stating they had reason to believe he would fraudulently dispose of his property before judgment. The trial court dissolved the attachment, but the Florida Supreme Court reversed, holding that Munn
• Fuller v. Emory H. Cason
  26 Fla. 476· Fla.· 1890-06-01 ·cited 14×
  Fuller and others appeal an injunction granted by the lower court at the request of attorney Cason, who sought to prevent the sale and slaughter of cattle allegedly transferred fraudulently by his debtor Mary Fuller. The Florida Supreme Court reversed, holding that the injunction
• Meinhard v. Lilienthal
  17 Fla. 501· Fla.· 1880-01-01 ·cited 14×
  This case concerns an appeal from a jury verdict and judgment against plaintiffs in an attachment action. The appellate court found that the jury was misled by the trial court's instructions, which focused on the fraudulent nature of mortgages rather than the specific issue of wh
• Wilson v. Lott
  5 Fla. 305· Fla.· 1853-01-01 ·cited 14×
  Wilson and Cleland appealed a decree dismissing their bill to set aside a conveyance of property from Luke Lott to Mary Thomas as fraudulent. The Florida Supreme Court affirmed, holding that although the conveyance bore badges of fraud, the complainants presented no proof of frau
• A.M. Samara v. Taylor
  38 F.4th 141· 11th Cir.· 2022-06-14 ·cited 13×
  The Eleventh Circuit affirmed the district court's dismissal, holding that the plaintiff's claim for reformation of a mortgage was barred by Alabama's ten-year statute of limitations for actions to recover land.
• Paul v. Gadi Avrahami and Andrew Paul
  216 So. 3d 647· Fla. 4th DCA· 2017-04-12 ·cited 13×·via Fraudulent Transfer
  Appellants (trustee and trust) appeal the trial court's denial of their motion for attorney's fees under section 57.105, Florida Statutes, challenging a judgment creditor's frivolous motion for attorney's fees against them as impleaded defendants in a fraudulent transfer proceedi
• Gen. Elec. Co. & Gen. Elec. Cap. Corp. v. Chuly Int'l, LLC
  118 So. 3d 325· Fla. 3d DCA· 2013-08-07 ·cited 13×·via Fraudulent Transfer
  GE appealed the denial of its motion for a prejudgment writ of attachment against Chuly International's property, claiming the property was acquired through a fraudulent transfer by de Cespedes (who guaranteed GE's lease). The court reversed, holding that GE presented sufficient
• Bloco, Inc. v. Porterfield OIL Co., Inc.
  990 So. 2d 578· Fla. 2d DCA· 2008-08-06 ·cited 13×·via Fraudulent Transfer
  Bloco appeals an award of attorney's fees to Porterfield, arguing that Porterfield never pleaded entitlement to fees and failed to identify a contractual or statutory basis for the award. The court reverses, holding that a party must plead entitlement to attorney's fees and that
• Johnson v. Dowell
  592 So. 2d 1194· Fla. 2d DCA· 1992-01-17 ·cited 13×
  Gary W. Johnson transferred a Florida condominium to himself as trustee shortly after his ex-wife Phyllis Dowell secured a judgment lien against him for unpaid marital settlement obligations. The trial court voided the deed as a fraudulent conveyance, but the appellate court reve
• In re Hallahan v. Hallahan
  936 F.2d 1496· 7th Cir.· 1991-07-10 ·cited 13×
  The court held that the restrictive covenant was enforceable under Missouri law, the damages were sufficiently proven, and the debtor had no right to a jury trial in the bankruptcy court for a dischargeability proceeding.
• Harley-Davidson Motor Co., Inc. v. Bank OF NEW England-Old Colony, N.A.
  897 F.2d 611· 1st Cir.· 1990-03-06 ·cited 13×
  The court held that while the plaintiffs may have had a right to possession of title certificates, the bank's temporary holding and return of those certificates did not constitute conversion because it did not seriously interfere with the plaintiffs' rights. However, the claim re
• In re May
  12 B.R. 618· N.D. Fla.· 1980-10-16 ·cited 13×·via Fraudulent Transfer
  The court held that allegations of fraudulent transfers, even if occurring more than one year before bankruptcy, could constitute a continuing concealment of assets, potentially barring discharge.
• McNELLIS v. Isadore Raymond
  420 F.2d 51· 2d Cir.· 1970-01-13 ·cited 13×