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

• Tiernan v. Sheldon
  191 So. 2d 87· Fla. 4th DCA· 1966-10-03 ·cited 13×
  The court affirmed the chancellor's decision to pierce the corporate veil of East Atlantic Corporation, finding that the assignment of a 99-year lease to the corporation was a fraudulent attempt by the lessees to avoid their obligations, and thus the lessees remained liable.
• Hughes Alonzo Robinson v. Mann
  339 F.2d 547· 5th Cir.· 1964-12-28 ·cited 13×
  The court held that a bankruptcy court has summary jurisdiction to set aside a fraudulent conveyance if the bankrupt retains possession of the property, and that a bankrupt may amend creditor schedules after six months in exceptional circumstances based on equitable discretion.
• Vaughn C. Payne and Edith Pruitt Payne v. United States
  247 F.2d 481· 8th Cir.· 1957-08-08 ·cited 13×
  The court held that a wife's signature on a tax return, placed where she assisted in preparation but not intending a joint return, does not create joint and several liability. However, properties purchased with a husband's funds that render him insolvent can be subjected to his t
• Dezen v. Slatcoff
  66 So. 2d 483· Fla.· 1953-07-03 ·cited 13×
  In this supplementary proceeding to enforce a judgment, the trial court set aside an automobile transferred by a judgment debtor to his wife as fraudulently conveyed under Florida Statute § 55.57, determining the transfer was made to defraud creditors. The appellant wife challeng
• Saliba v. James
  143 Fla. 404· Fla.· 1940-06-18 ·cited 13×
  The Florida Supreme Court affirmed a lower court decree that voided transfers of property from an elderly man with diminished mental capacity to the defendants who had confined him and systematically obtained his assets through a fraudulent scheme. The court reduced the attorney'
• The State of Fla. ex rel. Cary D. Landis v. The Cir. Court for the Eleventh Jud. Cir. of Fla.
  102 Fla. 122· Fla.· 1931-07-06 ·cited 13×
  The Florida Supreme Court addresses whether a circuit court has jurisdiction to appoint a court receiver for two trust companies when the Comptroller has statutory authority to appoint a liquidator. The court upholds the circuit court's appointment of a receiver for City Trust Co
• Storrs v. Storrs
  23 Fla. 274· Fla.· 1887-01-01 ·cited 13×
  Ellen F. Storrs sued to prevent the sale of a steam tug boat under execution against her husband's debt, claiming it was her separate property. The Florida Supreme Court reversed the lower court's decree, holding that Ellen failed to meet the strict burden of proof required to es
• Preudhomme v. Garth F. Bailey
  211 So. 3d 127· Fla. 4th DCA· 2017-02-01 ·cited 12×
  Appellant Arlene Preudhomme appealed the dismissal with prejudice of her complaint seeking to set aside property conveyances to enforce judgments from her marriage dissolution. The Fourth District Court of Appeal reversed, holding that dismissal with prejudice was error because t
• Pollizzi v. Craig Paulshock, M.D.
  52 So. 3d 786· Fla. 5th DCA· 2010-12-30 ·cited 12×
  Dr. Paulshock obtained a judgment against Davenport Anesthesiology Associates and thereafter sought to hold three physician-shareholders liable for fraudulent transfer of corporate funds through supplementary proceedings. The court affirmed the liability finding but reversed the
• Capco Props., LLC. v. Monterey Gardens OF Pinecrest Condo.
  982 So. 2d 1211· Fla. 3d DCA· 2008-05-23 ·cited 12×·via Fraudulent Transfer
  The Third District Court of Appeal granted a writ of certiorari to review nonfinal discovery orders, quashing orders that compelled disclosure of six years of personal financial information from a condominium developer and its members where the complaint contained no claim for pu
• Luzinski v. Peabody & Arnold LLP (In Re Gosman)
  382 B.R. 826· S.D. Fla.· 2007-12-13 ·cited 12×·via Fraudulent Transfer
  The court affirmed the bankruptcy court's dismissal of the malpractice claim, holding that the in pari delicto doctrine barred the trustee's action because the debtor's intentional fraud was at least as culpable as the law firm's alleged negligence. The court also found the trust
• Gerber Trade Fin., Inc. v. Bayou Dock Seafood Co., Inc.
  917 So. 2d 964· Fla. 3d DCA· 2005-12-28 ·cited 12×·via Fraudulent Transfer
  Gerber Trade Finance sued Bayou Dock Seafood for conversion and civil theft of seafood inventory in Miami, Florida. The trial court dismissed for lack of personal jurisdiction, finding Bayou's contacts isolated and non-systematic. The appellate court reversed, holding that specif
• Cuneo v. Conseco Servs., LLC
  899 So. 2d 1139· Fla. 3d DCA· 2005-03-09 ·cited 12×·via Fraudulent Transfer
  The Cuneos sought certiorari review to quash a trial court order denying their motion to dismiss an equitable lien claim against their homestead property and denying their request to stay the Florida action in deference to a first-filed Indiana action. The appellate court denied
• Conseco Servs., LLC. v. Richard Cuneo & Ngaire Cuneo
  904 So. 2d 438· Fla. 3d DCA· 2005-03-09 ·cited 12×·via Fraudulent Transfer
  The court held that a lis pendens on homestead property was properly dissolved because the plaintiff failed to establish a fair nexus between the property and the lawsuit, and the conditions imposed on the property were reversed.
• Gaedeke Holdings, Ltd. v. Mortg. Consultants, Inc.
  877 So. 2d 824· Fla. 4th DCA· 2004-07-07 ·cited 12×·via Fraudulent Transfer
  Gaedeke Holdings appealed the denial of its motion for attorneys' fees and costs against fraudulent transferees Nier and Olinick in a post-judgment supplemental proceeding. The appellate court held that while attorneys' fees cannot be directly assessed against impleaded third-par
• In re Fin. Federated Title & Tr. v. Kozyak
  347 F.3d 880· 11th Cir.· 2003-10-03 ·cited 12×
  A bankruptcy trustee sought to impose an equitable lien and constructive trust on a Florida homestead property purchased with funds fraudulently obtained through a massive Ponzi scheme involving viatical settlement investments. The bankruptcy court granted summary judgment for th
• H.J.J., Inc. v. Party Prods., II, Inc.
  738 So. 2d 515· Fla. 3d DCA· 1999-08-18 ·cited 12×·via Fraudulent Transfer
  H.J.J., Inc. appealed an award of attorneys' fees under Florida Statute § 57.105(1) to defendants who prevailed on summary judgment in a fraudulent transfer case. The court reversed, holding that the plaintiff's complaint raised justiciable issues of law and fact at inception, ma
• Fallschase Dev. Corp. & L. Blair Bailey v. Blakey
  696 So. 2d 833· Fla. 1st DCA· 1997-03-20 ·cited 12×·via Fraudulent Transfer
  The court affirmed that a right of first refusal in a 1975 real property contract violates the common law rule against perpetuities and is void ab initio, while certifying to the Florida Supreme Court a question about whether a statutory reformation provision can be applied retro
• In re Vitreous Steel Prods. Co.
  911 F.2d 1223· 7th Cir.· 1990-08-07 ·cited 12×
  The court held that while the bankruptcy court properly lifted the automatic stay, the determination of that motion did not preclude the prosecution of the adversary complaint. The court also reversed the dismissal of NIPSCO's claim for equitable subordination.
• Eurovest, Ltd. v. Segall
  528 So. 2d 482· Fla. 3d DCA· 1988-07-12 ·cited 12×
  A subsequent purchaser who takes title subject to a duly recorded mortgage is estopped from contesting the mortgage's validity, even if there was a lack of consideration for the original mortgage.
• The Sanko S.S. Co., Ltd. v. Miles A. Galin, M.D.
  835 F.2d 51· 2d Cir.· 1987-12-14 ·cited 12×
  The court held that the district court's sua sponte imposition of Rule 11 sanctions without notice or an opportunity to be heard violated due process and vacated the order.
• United States v. Kasuboski
  834 F.2d 1345· 7th Cir.· 1987-11-25 ·cited 12×
  The court held that the government's motion for summary judgment was valid despite initial defects, and the defendants' failure to respond to requests for admissions resulted in those matters being deemed admitted, supporting the grant of summary judgment.
• NCNB Nat'l Bank of N.C. v. Tiller
  814 F.2d 931· 4th Cir.· 1987-03-17 ·cited 12×
  The court affirmed the trial court's rulings and imposed sanctions, finding the appeal frivolous and lacking in legal and factual merit.
• Cumberland OIL Corp. & Sugargrove, Ltd. v. Thropp
  791 F.2d 1037· 2d Cir.· 1986-05-30 ·cited 12×·via Fraudulent Transfer
  The court held that a cause of action for fraudulent inducement of contract is not property of the bankruptcy estate, but affirmed summary judgment because the plaintiffs failed to establish proximate injury.
• Pepsi-Cola Metro. Bottling Co., Inc. v. Checkers, Inc.
  754 F.2d 10· 1st Cir.· 1985-01-28 ·cited 12×
  The court affirmed the district court's judgment, holding that there was sufficient evidence to disregard the corporate separateness of Checkers, Bentley, and Chips, and to hold the individual defendants liable for Checkers' debt and for treble damages under Mass.Gen.Laws ch. 93A
• SAC Constr. Co., Inc. v. Eagle Nat'l Bank OF Miami
  449 So. 2d 301· Fla. 3d DCA· 1984-03-13 ·cited 12×
  The court held that appellants abandoned their motion for rehearing by filing a premature appeal and that the doctrine of marshaling assets was inapplicable. The court also found that the settlement agreement between the Bank and the debtors was not fraudulent and did not prevent
• Loving Saviour Church v. United States
  728 F.2d 1085· 8th Cir.· 1984-02-29 ·cited 12×
  The court held that property transferred to a church by taxpayers was subject to IRS levy for the taxpayers' liabilities, as the transfers were either fraudulent conveyances or the church was the alter ego of the taxpayers.
• Maynard B. Melamed in Bankr. for Terminal Equip., Inc. v. Lake Cnty. Nat'l Bank Now Known as Bank One of Ne. Ohio, N.A.
  727 F.2d 1399· 6th Cir.· 1984-02-21 ·cited 12×·via Fraudulent Transfer
  The court held that the transfer of funds to the bank did not diminish the debtor's assets available to creditors, thus not constituting a fraudulent transfer. It also held that the district court did not abuse its discretion in exercising pendent jurisdiction over the state law
• David G. Gray in Bankruptcy for Jerald M. Snyder v. Snyder
  704 F.2d 709· 4th Cir.· 1983-04-01 ·cited 12×·via Avoidance Of Fraudulent Transfers
  The court held that a wife's release of marital support rights can constitute 'value' under 11 U.S.C. § 548, but the validity and "reasonably equivalent value" of such a release must be determined on remand.
• Boca Raton Land Dev., Inc. v. Sparling
  397 So. 2d 1053· Fla. 4th DCA· 1981-05-13 ·cited 12×
  Boca Raton Land Development, Inc. appealed the discharge of a lis pendens filed in its action to quiet title to real property. The Fourth District Court of Appeal held that when an initial pleading shows an action is founded on a duly recorded instrument, a plaintiff is entitled
• In re Bateman v. Bateman
  646 F.2d 1220· 8th Cir.· 1981-04-08 ·cited 12×·via Fraudulent Transfer
  A gratuitous transfer of valuable property by a debtor shortly before bankruptcy raises a presumption of fraudulent intent, and the debtor's explanations were insufficient to rebut this presumption.
• Gideon I. Gartner v. Snyder
  607 F.2d 582· 2d Cir.· 1979-10-10 ·cited 12×
  The court held that the plaintiff failed to prove by a preponderance of the evidence that the individual defendant engaged in fraud or used the corporation as his alter ego, thus reversing the imposition of personal liability.
• Curtis B. Danning in Bankruptcy of Fenton v. Beau Berlinski Lavine
  572 F.2d 1386· 9th Cir.· 1978-04-14 ·cited 12×
  The court held that general allegations of insolvency are sufficient to support a default judgment in a bankruptcy trustee's action for voidable preference or fraudulent conveyance, but a civil contempt order for failure to answer prejudgment discovery questions is improper after
• Steele v. Lannon
  355 So. 2d 190· Fla. 2d DCA· 1978-02-17 ·cited 12×
  Arthur Steele sought to impose a resulting or constructive trust on a condominium unit he purchased with his own funds but placed in the name of his companion, Elizabeth Lannon, after their relationship ended. The trial court granted summary judgment for Lannon based on Steele's
• Poyner v. Lear Siegler, Inc.
  542 F.2d 955· 6th Cir.· 1976-10-14 ·cited 12×·via Fraudulent Transfer
  The court held that under Kentucky law, a parent corporation's control over its subsidiary, without more, is insufficient to disregard the subsidiary's separate corporate identity and hold the parent liable for the subsidiary's obligations.
• Williams v. Foerster
  335 So. 2d 810· Fla.· 1976-07-21 ·cited 12×
  A deed conveying a family residence held as a tenancy by the entirety is ineffective when it lacks the statutory requirement of two attesting witnesses and the grantor lacked actual intent to convey, regardless of whether spousal joinder is technically required; property held as
• In re Wilco Forest Mach., Inc. v. Eaton Corp.
  491 F.2d 1041· 5th Cir.· 1974-03-27 ·cited 12×·via Fraudulent Transfer
  The court held that Eaton's security interest was validly perfected and the transfer of assets was not a voidable preference or fraudulent transfer, but affirmed the requirement for an accounting to assess potential inequitable conduct.
• The First Nat'l Bank IN Sioux Falls v. Dunham
  471 F.2d 712· 8th Cir.· 1973-01-08 ·cited 12×
  The court affirmed the trial court's judgment regarding fraudulent conveyances and piercing the corporate veil, and found no abuse of discretion in awarding attorney's fees.
• Selma Schwartz & Butler Realty Corp. v. Sherman
  210 So. 2d 469· Fla. 3d DCA· 1968-04-30 ·cited 12×
  This appeal addresses whether a trial court had jurisdiction over consolidated cases to void a judgment obtained through collusion and determine preference among competing judgments, and whether attorney's fees were properly awarded as costs. The court upheld the substantive judg
• Dering v. Everette H. Williams in Bankruptcy of Eldon P. Dering
  378 F.2d 417· 9th Cir.· 1967-05-11 ·cited 12×·via Fraudulent Transfer
  The court held that transactions between brothers, viewed as security devices for loans, constituted a prohibited transfer of assets by an insolvent debtor within one year of bankruptcy.
• Joseph Cohen in Bankr. of N.Y. Invs. Mut. Grp., Inc. v. Sutherland
  257 F.2d 737· 2d Cir.· 1958-07-30 ·cited 12×
  The court held that the trustee failed to prove insolvency at the time of the transfer, that the consideration was fair, and that the defendant acted in good faith, thus affirming the dismissal of the complaint.
• Oliver v. Mercaldi
  103 So. 2d 665· Fla. 2d DCA· 1958-06-11 ·cited 12×·via Fraudulent Transfer
  Oliver appealed from a decree granting her foreclosure on a chattel mortgage but denying reformation and equitable lien relief. The court held that Oliver, as a vendor of a lease, was entitled to an equitable vendor's lien for unpaid purchase money despite the lease not being exp
• Cent. Bank & Tr. Co. v. Davis
  102 So. 2d 600· Fla.· 1958-04-23 ·cited 12×
  Central Bank and Trust Company challenged summary decrees dismissing its creditor's bill seeking to set aside voting trust agreements and secure certain corporate assets. The Florida Supreme Court affirmed the summary decrees, holding that the bank failed to raise genuine materia
• Graff v. Nieberg
  233 F.2d 860· 7th Cir.· 1956-05-23 ·cited 12×
  The court held that the plaintiff stated a valid claim for a lien and that the district court had jurisdiction, as the defendants waived any objections to venue by their general appearance and motions to dismiss.
• Hayslip v. Long
  227 F.2d 550· 5th Cir.· 1955-11-23 ·cited 12×
  A prior jury finding that a conveyance was 'fraudulent' does not automatically satisfy the Bankruptcy Act's requirement of proving a transfer 'with intent to hinder, delay or defraud his creditors' for the purpose of denying discharge.
• Theard v. Fid. & Deposit Co. of Md.
  202 F.2d 880· 5th Cir.· 1953-04-02 ·cited 12×·via Fraudulent Transfer
  The court held that the order denying the motion to dismiss the involuntary bankruptcy petition was appealable and that the petition stated a claim upon which relief could be granted.
• Warner v. Dworsky
  194 F.2d 277· 8th Cir.· 1952-01-29 ·cited 12×·via Avoidance Of Fraudulent Transfers
  The court held that the Bankruptcy Act amendment broadened jurisdiction, and the term 'suffered' in § 70(e) allows for avoidance of fraudulent transfers even if not directly made or intended by the bankrupt.
• Landy v. Silverman
  189 F.2d 80· 1st Cir.· 1951-05-16 ·cited 12×·via Fraudulent Transfer
  The court held that the pleadings raised genuine issues of fact regarding whether a transfer of licenses was preferential, precluding summary judgment.
• Kelly v. Shamrock OIL & GAS Corp.
  171 F.2d 909· 5th Cir.· 1948-12-07 ·cited 12×
  The court held that the evidence presented a jury issue regarding whether the agent was secretly employed by both parties, and the jury's verdict for the defendant was supported by sufficient evidence.
• Beall v. Pinckney
  150 F.2d 467· 5th Cir.· 1945-07-06 ·cited 12×
  A debtor's transfer of his own funds to purchase a family home, with title taken in his wife's name, for the purpose of establishing a homestead, does not constitute a fraudulent transfer voidable by creditors under Florida law, even if the debtor is insolvent.