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

• Gene E. Myers, M.D. v. Brook
  708 So. 2d 607· Fla. 2d DCA· 1998-02-27
  In this fraudulent transfer action under Florida's Uniform Fraudulent Transfer Act, the court affirmed that payments to Drs. Myers and Crick from their medical practice were fraudulent transfers, but reversed the trial court's decision to set aside transfers beyond the amount nec
• Stern v. Sanford M. Stein and Frances D. Stein
  708 So. 2d 288· Fla. 4th DCA· 1998-01-07
• Kapila v. Plave
  1997 U.S. Dist. LEXIS 21749· S.D. Fla.· 1997-08-26
  The bankruptcy court's findings of fact and conclusions of law are reversed because the trustee established a prima facie case of fraudulent transfer, and the matter is remanded for trial.
• Berdoll v. Sobik's Franchises, Inc.
  681 So. 2d 1164· Fla. 5th DCA· 1996-09-20
  The court held that the record did not support the determination that Sobik's Franchises received reasonably equivalent value for the transfer of its franchise agreements.
• Falls v. N.E.P. Int'l, Inc.
  678 So. 2d 867· Fla. 4th DCA· 1996-08-14
  Falls obtained a judgment against his tenant N.E.P. International for breach of lease and executed on the tenant's property. After a reversal on appeal limited to damages recalculation, the trial court issued a post-judgment temporary injunction preventing Falls from using the pr
• Kassier v. Kipnis
  677 So. 2d 373· Fla. 3d DCA· 1996-07-10
  Affirmed judgment that fraudulently transferred partnership interest proceeds must be held in trust for judgment creditor, where subsequent sale by transferees to innocent third parties for reasonably equivalent value was not itself fraudulent.
• Parker-Marshall Grp., Inc. v. Lee
  188 B.R. 297· M.D. Fla.· 1995-07-03
  The court held that the bankruptcy court did not err in denying the motion to enforce the settlement because the settlement agreement explicitly required bankruptcy court approval as a condition precedent to enforcement, and public policy favors a debtor's fresh start.
• Yeager v. The Summit Grp. OF Cent. Fla., Inc.
  654 So. 2d 189· Fla. 5th DCA· 1995-04-13
  Yeager, a commercial landlord, sued Bradshaw and his corporation Summit after Summit breached a lease and dissolved. The court held that Bradshaw, as an insider, received fraudulent transfers when Summit's checks were deposited into his account after the corporation became insolv
• Gass v. Comreal Miami Inc.
  653 So. 2d 1069· Fla. 3d DCA· 1995-04-12
  The court held that the trial court erred in entering a final judgment against Victoria Gass based on a fraudulent transfer finding, as there was insufficient evidence to support it.
• Kapila v. Beahm (In Re Beahm)
  179 B.R. 329· S.D. Fla.· 1995-02-24
  The court held that the bankruptcy court erred in concluding it lacked authority to deny an exemption based on fraudulent conduct, and that Florida's fraudulent transfer statutes may apply.
• Ocean Cruise Lines, Inc. v. Greenage Ass'ns, Inc.
  643 So. 2d 711· Fla. 4th DCA· 1994-10-19
  The court affirmed that Ocean Cruise Lines was liable as a successor to a judgment debtor based on fraudulent transfer of assets, but reversed the award of attorney's fees because the successor was not yet a judgment debtor when the underlying proceedings were brought.
• Westbury Props., Inc. v. Cardillo
  638 So. 2d 519· Fla. 2d DCA· 1994-04-27
  Westbury Properties appeals a summary judgment dismissing its mortgage foreclosure action against Princess Recreation and others. The trial court concluded that Westbury's obligation was satisfied when it purchased the mortgaged amusement park property at a sheriff's sale during
• Gordon v. Gordon
  627 So. 2d 1348· Fla. 4th DCA· 1993-12-29
• Hemmerle v. Bakst (In re Sun Island Realty
  S.D. Fla.· 1993-10-27
  The bankruptcy court did not abuse its discretion in entering default judgment against the appellants for discovery violations, nor did it err in denying their demand for a jury trial on equitable claims.
• Feliz Indus., Inc. v. Holmes Lumber Co.
  621 So. 2d 550· Fla. 1st DCA· 1993-07-13
• In re WES DOR v. Sec. Pac. Bus. Credit, Inc.
  996 F.2d 237· 10th Cir.· 1993-06-18
  The court held that the Bank, as a transferee of a fraudulent transfer, is liable for the amount of the transfer less any value it extended to the Debtor, which is limited to the direct benefit the Debtor received from loans extended to its parent.
• Kelley v. Procino-Wells & Woodland, LLC
  Del. Ch.· 1993-04-05
  The appellate court granted certiorari and quashed the trial court's order denying a protective order, finding that the psychotherapist-patient privilege was not waived and that discovery of the patient's records was improperly allowed.
• Stoumbos v. Whitesides
  988 F.2d 949· 9th Cir.· 1993-03-09
  The court held that Kilimnik's security interest was limited to assets owned on May 1, 1982, except for after-acquired inventory securing working capital advances, and that his transfer of vehicles and withdrawal from the LAMA were improper.
• Tapia v. Sosa
  614 So. 2d 28· Fla. 2d DCA· 1993-02-19
• Askanase v. Livingwell, Inc.
  981 F.2d 807· 5th Cir.· 1993-01-22
  The court held that it lacked appellate jurisdiction because the lower court's order was not a final judgment and was not properly certified for appeal.
• JCA P'ship v. Wenzel Plumbing & Heating, Inc.
  978 F.2d 1056· 8th Cir.· 1992-11-03
  The court held that the doctrine of election of remedies and a prior settlement agreement did not preclude a breach of contract claim against WPH, but affirmed dismissal of fraud claims based on future promises and an estoppel certificate.
• Tpk. Dev., Ltd. v. Fed. Deposit Ins. Corp. for Bank of S. Palm Beaches
  606 So. 2d 491· Fla. 4th DCA· 1992-10-21
  Florida appellate court dismissed an appeal of an order permitting a creditor to file a supplementary proceeding against a guarantor's wife, holding that such orders are not appealable until a final judgment is entered against the impleaded party.
• In re Corland Corp. v. Duke Salisbury
  967 F.2d 1069· 5th Cir.· 1992-08-12
  Payments made by a guarantor directly to a creditor are not property of the estate and cannot be avoided by the trustee under § 549, and a guarantor may offset such payments against a debt owed to the debtor.
• In re Daulton v. Caldwell
  966 F.2d 1025· 6th Cir.· 1992-06-05 ·via Fraudulent Sale
  The court held that the bankruptcy court did not abuse its discretion in refusing to enjoin a state criminal action, as the action was not an attempt to collect a discharged debt and was not filed in bad faith.
• United States v. Gosnell
  961 F.2d 1518· 10th Cir.· 1992-04-21 ·via Action To Set Aside Fraudulent Transfer
  The court held that the taxpayer failed to meet his burden of proof to challenge the tax deficiency determination and that the transfer of property was fraudulent, allowing foreclosure of tax liens.
• Valdivia v. Valdivia
  593 So. 2d 1190· Fla. 3d DCA· 1992-02-18
  Ex-wife Isabel Valdivia seeks to recover unpaid lump sum alimony against her ex-husband's estate by voiding transfers of his medical practice to his new wife. The court reverses the trial court's dismissal, holding that Valdivia stated a valid cause of action for fraudulent conve
• United States v. McMULLIN
  948 F.2d 1188· 10th Cir.· 1991-11-13
  The denial of the taxpayer's request for a jury trial was harmless error because the government presented sufficient evidence to warrant a directed verdict in its favor.
• In re Bybee v. A-Mark Precious Metals, Inc.
  945 F.2d 309· 9th Cir.· 1991-09-27
  The court held that the margin purchase transactions were futures contracts but were exempt from the Commodity Exchange Act as cash forward contracts, and that the trustee could not avoid the transfer of precious metals as a fraudulent conveyance because the debtor held only bare
• In re David & Hannah Armstrong v. David and Hannah Armstrong
  931 F.2d 1233· 8th Cir.· 1991-04-24
  The court held that the debtors' conversion of nonexempt property to exempt annuities was permissible, but their overall transactions, including pledging unencumbered property to secure a corporate loan while insolvent, constituted fraud warranting denial of discharge.
• In re Intermagnetics Am., Inc. v. China Int'l Tr. & Inv. Corp. also known as China Int'l Tr. & Inv. Corp. (Holdings)
  926 F.2d 912· 9th Cir.· 1991-02-26
  The bankruptcy court's sale order, conditioned on the debtor's representations, was not res judicata against the Trustee's fraud claims when those representations were false, and the district court erred in failing to address the bid-rigging claim.
• Parts Depot, Inc. v. Bullock
  545 So. 2d 468· Fla. 2d DCA· 1989-06-21
  The court held that the trial court erred in granting involuntary dismissal against the mother, as a prima facie case of fraudulent transfer was established, but did not err in dismissing the claim against the father.
• Hikes v. McNAMARA Pontiac, Inc.
  510 So. 2d 1212· Fla. 5th DCA· 1987-08-13 ·via Fraudulent Sale
  A trial court may grant remittitur in a fraudulent inducement case, but must properly account for trade-in value without double-counting the financed portion of the trade-in vehicle.
• Richard Bertram & Co. v. SUN Bank/Miami, N.A.
  503 So. 2d 965· Fla. 3d DCA· 1987-03-10
  Richard Bertram & Company appealed a judgment on the pleadings dismissing its indemnification and fraud claims against Sun Bank/Miami and Yegen Associates. The court affirmed the dismissal, holding that the plaintiff's losses from a fraudulent transfer judgment were not covered b
• Verone Marin Fehlhaber v. Fehlhaber
  502 So. 2d 33· Fla. 3d DCA· 1987-01-20
  A former spouse who obtained a California judgment against a deceased former husband sought to pursue fraudulent transfer claims against assets placed in a revocable trust and transferred to his subsequent wife. The court affirmed dismissal, holding that by accepting a money judg
• Fed. Deposit Ins. Co. v. Malin
  802 F.2d 12· 2d Cir.· 1986-09-23 ·via Action To Set Aside Fraudulent Conveyance
  A conveyance made pursuant to a separation agreement, even if intended to hinder creditors, cannot be set aside by a judgment creditor if the transferee provided fair consideration and had no knowledge of the fraud at the time of the transfer.
• Clay v. Traders Bank OF Kan. City
  737 F.2d 765· 8th Cir.· 1984-06-28
  The court affirmed the trial court's determination that the $125,000 debt was an antecedent debt of the debtor corporation.
• Fed. Deposit Ins. Corp. v. Davis
  733 F.2d 1083· 4th Cir.· 1984-05-03 ·via Action To Set Aside Fraudulent Conveyance
  A secured party with an unavoided lien has the right to attack fraudulent conveyances made by the debtor, even after the debtor's bankruptcy case is closed and the trustee has not acted.
• AETNA Cas. & Sur. Co. & Emil Morton v. Pollock
  449 So. 2d 1289· Fla. 3d DCA· 1984-03-27 ·via Action To Set Aside Fraudulent Conveyance
  The court held that the Bank satisfied its obligations under the second judgment by delivering a quit-claim deed, and therefore the supersedeas bond should not be used to satisfy the prior money judgment.
• The First Nat'l Bank OF N. E. v. Fockler
  649 F.2d 213· 4th Cir.· 1981-04-24
  The court held that the bankruptcy court's finding that only $36,403.50 of loan proceeds benefited C/B was clearly erroneous, requiring remand.
• In re Lynn v. Edgar and William H. Edgar
  617 F.2d 1171· 5th Cir.· 1980-05-29
  A party waives objection to a bankruptcy court's summary jurisdiction if not raised in a timely motion or answer, and this waiver cannot be revived by a subsequent amendment.
• Fla. Nat'l Bank AT Lakeland v. State of Fla. ex rel. the Dep't OF Ins. of the State of Fla.
  350 So. 2d 365· Fla. 1st DCA· 1977-09-13
  The court held that the security interest in the collateral did not attach until after July 16, 1974, making the transfer voidable under the insurance code.
• Appeal of John R. Moynagh, Jr.
  560 F.2d 1028· 1st Cir.· 1977-08-24
  A bankruptcy discharge can be revoked for fraud upon the bankruptcy court, even if the applicant for revocation lacked pre-discharge knowledge of the fraud.
• Jones v. Rowland
  457 F.2d 44· 10th Cir.· 1972-03-27
  The court held that the trustee sufficiently proved the bankrupt's insolvency at the time of the transfer by considering the corporation's financial status and rejecting speculative assets.
• Helene VAN DER Busch and William Parma v. Control Parts Corp.
  259 So. 2d 182· Fla. 3d DCA· 1972-03-14
• In re Vista Liner Coach & Trailer, Inc. v. Allen
  447 F.2d 497· 10th Cir.· 1971-09-08
  The bankruptcy court did not have summary jurisdiction to order the return of excise taxes paid by the bankrupt, as the payment did not constitute a fraudulent transfer under the Bankruptcy Act.
• McKISSICK v. Foremost-McKESSON, Inc.
  441 F.2d 811· 5th Cir.· 1971-04-21
  The court held that transfers of business assets without notice to creditors are ineffective against those creditors, even if valid between the parties, under Alabama's bulk sales law.
• Faber Cement Block Co., Inc. v. Pauless Realty Corp. & Suffern Bldg. Supply Co., Inc.
  425 F.2d 223· 2d Cir.· 1970-04-20 ·via Action To Set Aside Fraudulent Conveyance
  The court held that the federal district court properly dismissed the action because the New York state court where the assignment for the benefit of creditors was filed has exclusive jurisdiction.
• Nikolas v. Constantine D. Allen and Coula C. Allen
  230 So. 2d 56· Fla. 3d DCA· 1969-12-30
  The court held that the evidence was sufficient to support the judgment and that the trial court did not err in denying the petition for rehearing.
• Tinney Produce Co., Inc. v. H. A. Phillips in Bankr. for Tinney Produce Co., Inc.
  415 F.2d 511· 5th Cir.· 1969-06-17
• In re United S. Cos., Inc. v. Zack D. Cravey, Jr.
  410 F.2d 377· 5th Cir.· 1969-04-25
  The court held that an order denying a motion for summary judgment in a bankruptcy-related plenary action is not a final judgment and is therefore not appealable under 28 U.S.C. § 1291.