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

• United States v. Kensington Shipyard & Drydock Corp.
  187 F.2d 709· 3d Cir.· 1951-03-02 ·cited 2×·via Action To Set Aside Fraudulent Transfer
  The court held that the district court had discretion in distributing the fund and did not abuse it by ordering the fund turned over to the primary receiver, and that vacation pay claims should be treated as administrative expenses of a single, continuous receivership.
• Green v. Gage
  186 F.2d 984· 5th Cir.· 1951-01-30 ·cited 2×
  The court held that the trustee's allegations were insufficient to establish jurisdiction under Section 67 of the Bankruptcy Act, but jurisdiction existed under Section 23(b) because the defendant consented to suit in the district court.
• Diamond A Cattle Co. v. Tschirgi
  181 F.2d 991· 8th Cir.· 1950-05-10 ·cited 2×
  The court held that the contract provision for cattle overages should be interpreted on an annual basis, and that the individual defendant could be held personally liable for the corporate debt through implied assumption or fraudulent transfer.
• Mendez v. Mendez
  176 F.2d 849· 1st Cir.· 1949-09-21 ·cited 2×
  The court held that the trial court erred in ordering corporate officers to repay salaries directly to shareholders and in ordering a defendant to repay funds from endorsed checks, as these actions should be brought by the corporation. However, the court affirmed findings related
• Ne. Real Est. Sec. Corp. v. Goldstein
  163 F.2d 963· 2d Cir.· 1947-11-03 ·cited 2×
  The court held that the bankruptcy judge erred in dismissing the petition because the respondent had fewer than twelve creditors, as two of the alleged creditors did not establish Goldstein's liability.
• McBRIDE v. Farrington
  156 F.2d 971· 9th Cir.· 1946-08-02 ·cited 2×
  The court held that the trustee's suit was barred by the statute of limitations and laches because he had sufficient knowledge of the fraudulent transfers by 1936.
• Snider v. Kelly
  135 F.2d 817· D.C. Cir.· 1943-04-26 ·cited 2×·via Action To Set Aside Fraudulent Conveyance
  The court held that a conveyance made without consideration is not automatically void if the parties acted with honest intent and the conveyance does not hinder, delay, or defraud creditors.
• Schwartz v. Coen
  131 F.2d 879· 2d Cir.· 1942-12-07 ·cited 2×
  The trustee in bankruptcy is entitled to the surrender value of a life insurance policy only to the extent of claims existing before the effective date of the New York Insurance Law, as amended.
• Crawford v. Mexican Petroleum Co., Ltd.
  130 F.2d 359· 2d Cir.· 1942-08-11 ·cited 2×
  The court held that the plaintiffs failed to prove fraud or breach of fiduciary duty in the transfer of Mexpet's domestic holdings to Pan Am, despite procedural objections.
• Sterling Nat. Bank & Tr. Co. v. Boyajian
  127 F.2d 713· 2d Cir.· 1942-05-01 ·cited 2×
  The court held that the bankruptcy estate should not be reopened based solely on conflicting affidavits without a full oral hearing to determine the merits of the creditor's claim and the diligence in pursuing it.
• Coconut Grove Exch. Bank v. Fleming Novelty Works
  107 Fla. 1· Fla.· 1932-10-08 ·cited 2×·via Action To Set Aside Fraudulent Conveyance
  Coconut Grove Exchange Bank sought to foreclose on chattel mortgages held by Fleming Novelty Works, but the court upheld the lower court's finding that the mortgages and subsequent assignments lacked valid consideration and were not made in good faith, making them void as to cred
• The Cont'l Nat'l Bldg. & Loan Ass'n v. Miller
  44 Fla. 757· Fla.· 1902-06-01 ·cited 2×
  Florida Supreme Court determined that withdrawing members of an insolvent building and loan association have equitable standing to seek a receiver and wind-up proceedings, but affirmed the receiver appointment only for Florida Association stockholders, reversing relief granted to
• Petro Welt Trading Ges.m.b.h v. Brinkmann
  Fla. 6th DCA· 2024-11-08 ·cited 1×
  A trial court violates due process when it grants summary judgment on grounds of personal jurisdiction or forum non conveniens that were not raised by the moving party or in the relevant pleadings. A trial court improperly weighs evidence on summary judgment when it discounts exp
• Calvert v. Surrency
  395 So. 3d 705· Fla. 5th DCA· 2024-10-18 ·cited 1×
  A non-party to an arbitration agreement cannot compel arbitration of claims against him, and equitable estoppel does not apply where the claims allege misappropriation of funds rather than substantially interdependent misconduct or claims directly relating to the contract.
• Michaels v. St. George
  385 So. 3d 624· Fla. 4th DCA· 2024-05-08 ·cited 1×
  Plaintiff appealed a trial court's sua sponte dismissal of her fraudulent transfer action as a sanction for failure to comply with an arbitration referral order. The Fourth District Court of Appeal reversed, holding that the trial court violated due process by failing to provide
• Sunny Sweet Farms, Inc. v. M.F. Burgin, Inc.
  321 B.R. 746· M.D. Fla.· 2024-03-14 ·cited 1×
  The court held that the plaintiff's amended complaint sufficiently stated claims under PACA and state law, denying the defendant's motion to dismiss.
• Adweiss LLLP v. Daum
  367 So. 3d 1264· Fla. 3d DCA· 2023-07-26 ·cited 1×·via Florida Uniform Fraudulent Transfer Act
  The trial court's order dismissing an amended complaint in part with prejudice and in part without prejudice, while allowing leave to file a second amended complaint, is not a final, partial final, or appealable interlocutory order, and therefore does not confer appellate jurisdi
• Niloy Thakkar and Chittranjan K. Thakkar v. Good Gateway, LLC.
  351 So. 3d 192· Fla. 5th DCA· 2022-11-18 ·cited 1×
  Neither res judicata nor collateral estoppel applies to bar the Thakkars' claims because the Florida and New York actions do not share identical parties. Virtual representation or privity between the brothers was neither established nor argued by the Gateway Companies in their su
• Cleveland v. Westport Recovery Corp.
  331 So. 3d 728· Fla. 4th DCA· 2021-12-08 ·cited 1×
  Westport Recovery Corporation sued Deborah Strong and her son Richard Cleveland under Florida's Uniform Fraudulent Transfer Act, alleging that Strong's sale of the 1906 Property to Cleveland for $100 was a fraudulent conveyance intended to hinder collection on Westport's judgment
• Lopez v. S. Audio Visual, Inc.
  278 So. 3d 843· Fla. 3d DCA· 2019-08-28 ·cited 1×
  The appellate court considered a petition for a writ of certiorari challenging a trial court's order to bifurcate a trial. The court ultimately dismissed the petition, finding no irreparable harm that could not be corrected on appeal.
• Young Land USA, Inc. v. Credo LLC
  278 So. 3d 776· Fla. 3d DCA· 2019-08-07 ·cited 1×
  This case reviews an order granting summary judgment and quieting title to property. The appellate court affirmed the lower court's decision, finding that the appellee (purchaser at execution sales) held paramount title, extinguishing the appellant's purported mortgage lien.
• Laptopplaza, Inc. v. Wells Fargo Bank, NA
  264 So. 3d 1049· Fla. 3d DCA· 2019-01-30 ·cited 1×
  Wells Fargo Bank sought to dismiss an appeal from a partial summary judgment order finding that Laptopplaza and Iwebmaster.net were liable for fraudulent transfers under Florida's Uniform Fraudulent Transfer Act. The Florida District Court of Appeal held that the order was non-fi
• Verena Von Mitschke-Collande v. Skipworth Props. Ltd.
  201 So. 3d 660· Fla. 3d DCA· 2016-03-23 ·cited 1×
  The heirs of Siegfried Otto appealed the dismissal of their fraudulent transfer claims against SwissPartners Investment Network, Ltd., challenging the trial court's interpretation of Florida Rule of Civil Procedure 1.070(j) regarding the 120-day service deadline. The court held t
• Rodriguez v. Nieves
  75 So. 3d 339· Fla. 3d DCA· 2011-11-16 ·cited 1×
  The court held that the plaintiffs failed to establish the third element of a fraudulent transfer claim: that the transfer was made without receiving reasonably equivalent value.
• United States v. Kapila
  402 B.R. 56· S.D. Fla.· 2008-08-18 ·cited 1×
  An insolvent taxpayer's irrevocable election to waive a Net Operating Loss (NOL) carry-back within one year of filing for bankruptcy can be avoided as a fraudulent transfer under 11 U.S.C. § 548.
• Boats Express, Inc. v. Thackeray
  978 So. 2d 206· Fla. 2d DCA· 2008-03-26 ·cited 1×
  Boats Express, Inc. and its president Gregory Hutchens appeal a judgment entered against Hutchens in proceedings supplementary. The trial court entered a $45,975.42 judgment against Hutchens based on an alleged fraudulent transfer, but did so without filing a complaint against hi
• Dillon v. Axxsys Int'l, Inc.
  385 F. Supp. 2d 1307· M.D. Fla.· 2005-08-16 ·cited 1×·via Florida Uniform Fraudulent Transfer Act
  The court held that an officer is not liable under Section 517.211(2) for selling unregistered securities unless they personally participated or aided in making the sale, and mere involvement in general corporate business is insufficient.
• Leshin v. Welt (In Re Warmus)
  276 B.R. 688· S.D. Fla.· 2002-03-25 ·cited 1×
  The district court held that the bankruptcy court erred in applying collateral estoppel against an attorney who was not a party to a prior settlement and in admitting a deposition without proper foundation, reversing the final judgment against the attorney.
• Williams v. Aloisi
  271 B.R. 676· M.D. Fla.· 2002-01-15 ·cited 1×
  The court affirmed the bankruptcy court's denial of relief from the automatic stay but reversed and remanded the denial of equitable relief against the debtor's home, requiring further findings on the debtor's knowledge of the use of stolen funds.
• Burrill v. United States
  1 F. Supp. 2d 1451· M.D. Fla.· 1998-04-13 ·cited 1×
  The court held that summary judgment is inappropriate because the question of whether the transfer of the condominium unit was made with fraudulent intent to hinder creditors is a material issue of fact requiring trial.
• Iteka Int'l v. Hinson
  671 So. 2d 204· Fla. 4th DCA· 1996-03-20 ·cited 1×
  The court held that a default judgment was improperly entered because the defendant's motions to quash service and dismiss for lack of personal jurisdiction were pending, and the plaintiff failed to provide prior notice of the application for default.
• Hemmerle v. Bakst (In Re Sun-Island Realty
  177 B.R. 391· S.D. Fla.· 1994-10-14 ·cited 1×
  The district court affirmed the bankruptcy court's orders finding the appellant in civil contempt and directing turnover of funds, holding that the appeal of the contempt order was untimely and the substantive issues were without merit.
• United States v. Gerads
  999 F.2d 1255· 8th Cir.· 1993-07-26 ·cited 1×·via Action To Set Aside Fraudulent Conveyance
  The court held that the district court correctly granted summary judgment because the taxpayers' arguments were meritless and frivolous.
• Ingersoll v. Kriseman (In Re Ingersoll)
  124 B.R. 116· M.D. Fla.· 1991-02-04 ·cited 1×
  The court affirmed the bankruptcy court's denial of the debtor's discharge, finding that the debtor fraudulently transferred property and made a material false oath by failing to disclose an automobile.
• Bank OF Maui v. Est. Analysis, Inc.
  904 F.2d 470· 9th Cir.· 1989-12-04 ·cited 1×
  The concurring judge proposes that the Judicial Council consider making Bankruptcy Appellate Panel decisions binding on all bankruptcy courts within the circuit.
• Bernstein v. Zeiss
  78 B.R. 619· S.D. Fla.· 1987-08-13 ·cited 1×
  The court held that a debtor's discharge should not be denied under 11 U.S.C. § 727(a)(5) based solely on a credible explanation of asset loss if the conduct revealed is not otherwise prohibited by Section 727.
• B & B Drugs ST. Petersburg, Inc. v. McKESSON & Robbins Drug Co.
  380 So. 2d 1307· Fla. 2d DCA· 1980-03-14 ·cited 1×
  The court held that the trial court erred in voiding a transfer of goods without first obtaining jurisdiction over Jack Kasper, thereby denying him due process.
• McLAIN v. Daps Disc. Auto Parts Store, Inc.
  354 So. 2d 1230· Fla. 1st DCA· 1978-01-25 ·cited 1×
  The court held that the trial court erred in instructing the jury that it could award only nominal damages if it found for the plaintiff on the alter ego theory or fraudulent transfer theory.
• Osher Khteeb and Erez Khteeb v. Helcim USA, Inc.
  Fla. 4th DCA· 2026-09-02
  When a default judgment is entered in a fraudulent transfer action under FUFTA, the court must hold an evidentiary hearing to determine unliquidated damages, and transferees may only be held liable for the value of assets transferred to them, not the entire outstanding judgment.
• Zambezi Ann, LLC v. Deppert
  Fla. 4th DCA· 2026-06-24
  A motion for judgment on the pleadings under Florida Rule of Civil Procedure 1.140(c) is procedurally improper when the pleadings have not been closed.
• Jhelum Enters., LLC v. Oceanside Auto. Serv. & Towing, LLC
  Fla. 4th DCA· 2026-03-25
  The Florida Fourth District Court of Appeal held that undrawn funds in a reverse mortgage line of credit are protected by Florida's homestead exemption. The court reasoned that the homeowner's access to these funds is contingent on their request, and until such a request is made,
• WIA Holdings LLC
  Del. Ch.· 2026-01-20
  In a post-closing acquisition dispute, WIA Holdings and its affiliates sued the sellers (Scottish American Capital LLC and its managing member Paul Thomson) for breaches of a Securities Purchase Agreement representing and warranting the sale of an insurance business. The Delaware
• Jacob v. Yisrael Taussig
  379 F. Supp. 3· M.D. Fla.· 2025-12-22
  The court adopted the Magistrate Judge's Report and Recommendation, granting in part and denying in part the motion for default judgment.
• Jacob v. Yisrael Taussig et. al.
  M.D. Fla.· 2025-11-24
  The court recommended granting default judgment in part for fraudulent transfer and conspiracy to defraud claims, allowing voidance of certain property transfers and the right to levy execution, but denying other claims and damages.
• Casa Express Corp v. Bolivarian Republic of Venezuela
  11th Cir.· 2025-10-29
  Casa Express sought to execute a $40 million judgment against Venezuela by initiating supplementary proceedings in Florida against third-party defendants (Gorrin and his corporate entities) who allegedly held property purchased with funds misappropriated through a bribery scheme.
• Saadi v. Maroun
  11th Cir.· 2025-10-27 ·via Florida Uniform Fraudulent Transfer Act
  The court certified several questions of Florida law to the Florida Supreme Court regarding the availability of remedies under Florida Statute § 56.29 and the application of its amendments, as state appellate courts have reached conflicting conclusions.
• In re Richert Funding, LLC v. Soneet R. Kapila
  M.D. Fla.· 2025-09-29
  The court affirmed the bankruptcy court's findings on fraudulent transfer claims but reversed the order limiting where the judgment could be filed, and affirmed the dismissal of contract claims to prevent double recovery.
• Peyton v. Grant
  S.D. Fla.· 2025-08-28
  Shareholders David Peyton and David Martinez failed to prove by a preponderance of the evidence that they are one-third owners of Nexxt Gen Corporation and related companies, or that they are equal one-third partners in a joint venture with Eric Grant providing network, communica
• De Larrea v. Golden Yacht Charters, Inc.
  S.D. Fla.· 2025-08-18
  The court recommended granting in part and denying in part the motion to strike affirmative defenses, treating some as denials and upholding others.
• Aquastar Holdings LLC v. Peckar & Abramson P.C.
  Fla. 3d DCA· 2025-06-18
  A purchaser at a sheriff's execution sale takes title subject only to encumbrances existing at the time the judgment was recorded, not encumbrances created after recordation; therefore, Peckar's mortgage recorded after Aquastar's judgment lien was extinguished by Aquastar's purch