Fraudulent Transfer

705 Florida cases classified under this topic, plus 89 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• O'Neal v. Am. Shaman Franchise Sys., Inc.
  679 F. 2d 1350· 11th Cir.· 2026-02-11 ·cited 320×
  Thomas O'Neal signed a settlement agreement with American Shaman that released all claims, including Fair Labor Standards Act wage claims, but the settlement was not approved by a court or the Department of Labor. When O'Neal later filed suit alleging fraudulent transfer, the cou
• Brunswick Corp. v. Vineberg
  370 F.2d 605· 5th Cir.· 1967-01-11 ·cited 128×
  The court held that the dismissal of the complaint against Sky Corporation and the summary judgments in favor of Vineberg, DeMet, and Enterprises were erroneous.
• The Fla. Nat'l Bank of Gainesville v. Sherouse
  80 Fla. 405· Fla.· 1920-06-24 ·cited 117×
  The Florida Supreme Court reversed a lower court decree that permanently enjoined the sale of real property to satisfy a judgment creditor's claim. The Court found that the evidence clearly showed the property transfers were fraudulent conveyances designed to place assets beyond
• Kenneth Friedman, M.D. v. Heart Inst. OF Port ST. Lucie, Inc.
  863 So. 2d 189· Fla.· 2003-09-25 ·cited 106×
  The Florida Supreme Court resolved a conflict between district courts regarding whether claims under the Florida Uniform Fraudulent Transfer Act (FUFTA) must be stayed pending resolution of underlying substantive claims. The Court held that a person with a contingent, unliquidate
• Edmond G. Pharo v. Smith
  621 F.2d 656· 5th Cir.· 1980-07-09 ·cited 102×
  The court held that Deltec was not a "seller" under Section 12 of the Securities Act of 1933 because its actions were not a substantial factor in causing the plaintiffs' purchases of unregistered securities.
• Donald W. Buttrey in Bankr. for Dobich Sec. Corp. v. Merrill Lynch
  410 F.2d 135· 7th Cir.· 1969-04-17 ·cited 83×
  The court held that a bankruptcy trustee can prosecute claims for fraudulent transfers under federal law, and that alleged violations of NYSE Rule 405 and federal securities laws stated actionable claims.
• The Greater Iowa Corp. v. McLENDON
  378 F.2d 783· 8th Cir.· 1967-05-19 ·cited 77×·via Fraudulent Sale
  The court held that plaintiffs, as neither purchasers nor sellers of the securities in question, lacked standing to bring claims under Sections 5(a), 17(a), and 10(b) of the Securities Acts, and also lacked standing to assert violations of Section 7 of the Investment Company Act
• Sprague v. Vogt
  150 F.2d 795· 8th Cir.· 1945-07-30 ·cited 71×
  The court held that while the trustee's claim regarding the priority of existing mortgage liens on the real property was without substance, other issues concerning potential fraudulent transfers of real and personal property raised genuine issues of material fact requiring trial.
• ITT Cmty. Dev. Corp. v. Barton
  569 F.2d 1351· 5th Cir.· 1978-03-24 ·cited 70×
  A civil contempt adjudication cannot stand if the underlying order is invalid. The court found the turn-over order invalid because it was not authorized by Florida law, the All Writs Act, or the court's inherent powers.
• Gen. Trading Inc. v. Yale Materials Handling Corp.
  119 F.3d 1485· 11th Cir.· 1997-08-22 ·cited 63×
  The Eleventh Circuit affirmed the magistrate judge's finding that the parties consented to his authority, vacated the magistrate judge's determination that a transfer to Power Depot was not fraudulent, and reversed the magistrate judge's finding that Yale filed an involuntary ban
• Amjad Munim, M.D., P.A. v. George Azar, M.D.
  648 So. 2d 145· Fla. 4th DCA· 1994-08-24 ·cited 62×
  Dr. Azar was wrongfully terminated by his employer, Dr. Munim's professional association (Munim, P.A.), sixteen days before earning a substantial bonus at the end of the second year of a three-year employment contract. The court affirmed the finding of breach and awarded damages,
• In re Mortgageamerica Corp. v. Mortgageamerica Corp.
  714 F.2d 1266· 5th Cir.· 1983-09-19 ·cited 58×
  The court held that state-law causes of action for fraudulent transfers and under the corporate trust fund doctrine, brought by a creditor against a debtor's controlling person, are property of the debtor's bankruptcy estate and thus subject to the automatic stay.
• Dixie Music Co., Inc. v. Pike
  135 Fla. 671· Fla.· 1938-12-28 ·cited 56×
  In this 1938 Florida case, the Supreme Court reviewed the trial court's ex parte appointment of a receiver and temporary restraining order against a defendant who had allegedly fraudulently transferred assets to a corporation to evade a creditor's judgment. The court affirmed the
• Allen v. Kennedy
  710 F.2d 711· 11th Cir.· 1983-07-28 ·cited 55×·via Fraudulent Sale
  The court held that the appellants violated Rule 10b-5 by engaging in a fraudulent scheme in connection with the sale of securities, and that the district court properly denied their motion to dismiss, certified the class action, and made no clearly erroneous findings of fact.
• Don't Look Media LLC v. Fly Victor Ltd.
  999 F.3d 1284· 11th Cir.· 2021-06-04 ·cited 54×
  The Eleventh Circuit affirmed the district court's dismissal, holding that RICO's nationwide service of process provision does not confer personal jurisdiction when service is attempted outside the United States, and that the forum selection clauses are enforceable.
• Damsky v. Honorable Joseph C. Zavatt
  289 F.2d 46· 2d Cir.· 1961-04-03 ·cited 53×·via Action To Set Aside Fraudulent Conveyance
  The court held that the Seventh Amendment does not require a jury trial for certain tax collection claims, particularly when the taxpayer has no wages or property.
• In re Kaiser v. Kaiser
  722 F.2d 1574· 2d Cir.· 1983-11-18 ·cited 52×
  The court held that the bankruptcy judge had jurisdiction to deny a discharge and impress a constructive trust, and that the Emergency Bankruptcy Rule I was constitutional.
• Alliant TAX Credit 31, Inc v. Murphy
  924 F.3d 1134· 11th Cir.· 2019-05-15 ·cited 51×
  Alliant Tax Credit entities obtained a judgment against Vincent Murphy for breach of a partnership contract in Kentucky, but found him judgment-proof and sued under Georgia's fraudulent-transfer statute to recover assets Murphy had transferred to his ex-wife Marilyn as part of th
• Isiah v. JPMorgan Chase Bank, N.A.
  960 F.3d 1296· 11th Cir.· 2020-06-01 ·cited 50×
  The court held that routine bank deposits do not constitute a fraudulent transfer under FUFTA, and a receiver lacks standing to bring aiding and abetting claims when the fraudulent acts of the entity in receivership are imputed to the receiver.
• Wilkerson v. Wilkerson
  179 So. 2d 592· Fla. 2d DCA· 1965-10-14 ·cited 48×
  In this divorce appeal, the Florida District Court of Appeal affirmed the trial court's award of divorce and child custody to the husband but reversed portions regarding property division and attorney fees. The court held that jointly owned property held as tenancy by the entiret
• Bankruptcy v. Collins
  624 F.2d 659· 5th Cir.· 1980-08-21 ·cited 42×
  The court held that cash transfers to customers in excess of their deposits, made within one year of bankruptcy, were fraudulent transfers under § 67(d) of the Bankruptcy Act because the customers were creditors and the transfers lacked fair consideration. The court also affirmed
• Whidden v. Rogers
  78 Fla. 93· Fla.· 1919-07-08 ·cited 42×
  This case involves an appeal from a lower court's decision that a sale of cattle from Ordia Bass to Allen I. Whidden was fraudulent and void as to creditors. The appellate court affirmed the lower court's ruling, finding sufficient evidence of fraud despite the appellant's argume
• Goldstein v. Norvin G. Maloney in Bankruptcy
  62 Fla. 198· Fla.· 1911-06-01 ·cited 41×
  The Florida Supreme Court upheld the constitutionality of a 1907 statute regulating bulk sales of merchandise and affirmed a judgment that a shoe sale by an insolvent merchant to her son-in-law was presumed fraudulent because the purchaser failed to comply with the statute's noti
• Collins Sec. Corp. & Timothy Collins v. Sec. & Exch. Comm'n
  562 F.2d 820· D.C. Cir.· 1977-08-12 ·cited 40×·via Fraudulent Sale
  The court held that the SEC erred in using the 'preponderance of the evidence' standard for fraud allegations and that the case must be reconsidered under the 'clear and convincing evidence' standard. The court also directed the SEC to consider the applicability of the scienter r
• Martinez v. Balbin
  76 So. 2d 488· Fla.· 1954-12-17 ·cited 39×
  The Florida Supreme Court reviewed an appeal from a dismissal of a creditor's bill. The court held that the alleged transferees of the debtor's inheritance were indispensable parties who must be joined in the suit to determine the validity of the transfer and impress a trust on t
• In re Feit & Drexler, Inc. v. Drexler
  760 F.2d 406· 2d Cir.· 1985-04-12 ·cited 38×
  The Court of Appeals held that the district court had the statutory authority to issue a mandatory turnover order for property located outside its territorial jurisdiction, and that the order was appealable as an interlocutory injunction. The court affirmed the district court's o
• In re Casco Chem. Co. v. Superintendence Co., Inc.
  335 F.2d 645· 5th Cir.· 1964-08-10 ·cited 38×
  An independent action under Rule 60(b) is not subject to the one-year time limit applicable to motions under grounds (1)-(3), but only to laches. The denial of summary jurisdiction in bankruptcy was correct because the funds were not in the bankrupt's possession.
• Hedwig Meyer v. Faust
  83 So. 2d 847· Fla.· 1955-12-14 ·cited 38×
  Hedwig Meyer appeals a judgment that found a property transfer from her husband Theodore to her was fraudulent and subjected their jointly-held property to execution on a judgment against Theodore alone. The Florida Supreme Court reverses, holding that the trial court lacked prop
• Neubert v. Massman Bros. & Co.
  37 Fla. 91· Fla.· 1896-01-01 ·cited 38×
  In this equity case, the Florida Supreme Court addressed whether a judgment creditor could reach real property that a debtor had purchased but titled in another's name to conceal it from creditors. The court held that such property could be reached in equity, and that a purchaser
• In re Halpern v. Bankruptcy
  426 F.2d 102· 2d Cir.· 1970-05-08 ·cited 37×
  A prior judgment based on multiple independent, alternative grounds is not conclusive as to issues necessarily found to support only one of those grounds, particularly when those issues involve intent.
• In re Lustron Corp. Reconstr. Fin. Corp. v. Lustron Corp.
  184 F.2d 789· 7th Cir.· 1950-10-23 ·cited 36×
  The bankruptcy court had jurisdiction to issue a restraining order to preserve the estate and prevent irreparable harm, and it did not err in refusing to transfer the case to a district where no bankruptcy petition was pending.
• Jackson-Platts v. Gen. Elec. Cap. Corp.
  727 F.3d 1127· 11th Cir.· 2013-08-22 ·cited 34×
  The Eleventh Circuit held that a supplementary proceeding under Florida Statutes section 56.29(6) is an independent civil action removable to federal court under 28 U.S.C. § 1441, not merely an ancillary proceeding, because it imposes new liability on new parties based on wholly
• United States v. Monty Phillip McCLELLAN
  868 F.2d 210· 7th Cir.· 1989-01-27 ·cited 34×
  The court held that the transfer of two cars in a single transaction constituted only one offense of bankruptcy fraud, requiring resentencing. However, the court affirmed the admission of prior testimony and the sufficiency of evidence for other convictions.
• Leannais v. Cincinnati
  565 F.2d 437· 7th Cir.· 1977-10-18 ·cited 34×
  The court held that a successor company can be held liable for injuries caused by its predecessor's defective product under specific conditions, but the concurring opinion argues for a broader rule based on strict product liability.
• Matthews v. Olive M. Matthews
  122 So. 2d 571· Fla. 2d DCA· 1960-07-15 ·cited 34×
  Administrator of an estate appeals dismissal of a complaint against a daughter and corporation alleging fraudulent transfer of assets. The court reversed dismissal as to the corporate defendant, finding the complaint against it not clearly un-amendable, and held that jurisdiction
• United States v. Switzer
  252 F.2d 139· 2d Cir.· 1958-01-28 ·cited 34×
  The court held that the indictment was not defective, the government established a prima facie case, and the trial court did not err in its rulings or instructions, affirming the convictions.
• Punta Gorda State Bank v. Wilder
  93 Fla. 301· Fla.· 1927-02-19 ·cited 32×·via Action To Set Aside Fraudulent Conveyance
  Judgment creditors sought to reach assets fraudulently transferred by their judgment debtor through a creditor's bill in equity. The Florida Supreme Court reversed the trial court's dismissal, holding that when a judgment debtor had legal title to property that was fraudulently c
• Folsom v. Farmers Bank of Vero Beach
  102 Fla. 899· Fla.· 1931-08-11 ·cited 31×·via Action To Set Aside Fraudulent Conveyance
  The Florida Supreme Court upheld the creation of an equitable lien in favor of Farmers Bank against real property when a debtor obtained collateral on the promise to execute a new mortgage but instead conveyed the property to his daughter without consideration. The court held tha
• Bibby v. Mortg. Invs. Corp.
  987 F.3d 1340· 11th Cir.· 2021-02-17 ·cited 30×
  Relators Victor Bibby and Brian Donnelly brought a False Claims Act qui tam action against Mortgage Investors Corporation alleging that MIC fraudulently charged veterans impermissible fees on VA-backed mortgage refinance loans while falsely certifying compliance with fee regulati
• Little v. United States
  331 F.2d 287· 8th Cir.· 1964-05-06 ·cited 30×·via Fraudulent Sale
  The court held that the appellant's conviction under the Securities Act of 1933 was valid, as the deposit and subsequent clearance of checks through the banking system constituted an indirect use of interstate commerce or the mails in furtherance of his fraudulent scheme.
• In re Tabibian
  289 F.2d 793· 2d Cir.· 1961-04-26 ·cited 30×
  The court held that the referee's findings, particularly regarding the bankrupt's lack of fraudulent intent in asset transfers and false oaths, were not clearly erroneous and should be upheld.
• Invo Fla., Inc. v. Somerset Venturer, Inc.
  751 So. 2d 1263· Fla. 3d DCA· 2000-03-15 ·cited 29×
  Invo appeals a summary judgment dismissing its fraudulent transfer and breach of fiduciary duty claims under Florida's economic loss rule. The court reverses, holding that the economic loss rule does not bar claims under the Uniform Fraudulent Transfer Act or well-established tor
• Lab. Corp. OF Am. v. McKOWN
  829 So. 2d 311· Fla. 5th DCA· 2002-10-25 ·cited 28×
  Laboratory Corporation of America appeals a trial court judgment finding that Gerald McKown's written personal guarantee was ambiguous and that parol evidence showed no meeting of the minds on personal liability. The appellate court reverses, holding that the guarantee's language
• United States v. Forrest Parrott and Donald Parrott
  425 F.2d 972· 2d Cir.· 1970-04-20 ·cited 28×·via Fraudulent Sale
  The court held that the appellants' convictions for conspiracy to sell unregistered securities and related fraud charges were not invalidated by claims of speedy trial violations or other alleged errors, affirming the lower court's judgment.
• McNELLIS v. First Fed. Sav. & Loan Ass'n OF Rochester
  364 F.2d 251· 2d Cir.· 1966-07-27 ·cited 28×
  The court held that the federal action for fraudulent transfer of later payments was not barred by res judicata because it constituted a different cause of action and the issues were not litigated in the prior state court action.
• Esteva v. UBS Fin. Servs. Inc.
  60 F.4th 664· 11th Cir.· 2023-02-16 ·cited 27×
  The court held that it lacked jurisdiction over the appeal because the bankruptcy court's order was not final and the parties' attempt to cure this defect via a partial stipulation of dismissal was invalid.
• Anamaria Santiago v. Mauna LOA Invs., LLC
  189 So. 3d 752· Fla.· 2016-03-17 ·cited 27×
  The Florida Supreme Court reversed the Third District Court of Appeal's decision vacating a default judgment in a premises liability case, holding that the district court improperly considered documents outside the complaint when determining whether the complaint stated a cause o
• NEW England Data Servs., Inc. v. Becher
  829 F.2d 286· 1st Cir.· 1987-09-28 ·cited 27×
  The court held that while Rule 9(b) requires specificity in pleading RICO mail and wire fraud, dismissal should not be automatic if the rule is not satisfied; instead, courts should consider allowing discovery if the facts are likely within the defendant's control and the allegat
• Mohican Valley, Inc. v. MacDONALD
  443 So. 2d 479· Fla. 5th DCA· 1984-01-12 ·cited 27×
  The court receded from prior precedent, holding that a lis pendens may be discharged or controlled by the court if the initial pleading does not show the action is founded on a duly recorded instrument, and that a bond may be required in such cases.
• Jerry B. Klein for the Liquidation of the Bus. of JNT Invs., Inc. v. Tabatchnick
  610 F.2d 1043· 2d Cir.· 1979-11-26 ·cited 27×
  The court held that a lienor who provides consideration for a lien, even if less than fair, may retain the lien as security for repayment, and is not liable for damages for the decline in the security's value.