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

• Hegel Branch v. Steph
  389 F.2d 233· 10th Cir.· 1968-02-16
  The court affirmed the judgment against the seller of corporate stock, holding that the transfer of corporate assets to pay the seller's personal debt was fraudulent and void as to creditors.
• In re Everette Marshall v. Showalter
  375 F.2d 529· 10th Cir.· 1967-01-31
  The court held that the transfer of a promissory note interest without fair consideration, which rendered the debtor insolvent, constituted an act of bankruptcy under the Bankruptcy Act.
• Adele Licata v. Acolite Sign Co., Inc.
  183 So. 2d 865· Fla. 3d DCA· 1966-03-15
  The court held that the evidence was sufficient to support the trial court's finding that the appellant was not a bona fide purchaser for value without notice, and thus the transfer was void as to the creditor.
• Erwin A. LA Rose in Bankruptcy of O. K. Sharp v. Anthony (Tony) Cashio & C & S Surplus Materials Co.
  330 F.2d 269· 5th Cir.· 1964-04-08
  The court held that the district court erred in directing a verdict for the defendants because the jury should have been allowed to assess the credibility of the testimony regarding the transfer's consideration.
• Forrest Laidley and George P. Vye v. Heigho
  326 F.2d 592· 9th Cir.· 1963-12-16
  A claim against a decedent's estate that is "forever barred" by failure to sue after rejection under California Probate Code § 714 means the claimant is no longer a creditor and cannot pursue remedies for fraudulent transfers under California Civil Code § 3439.09(a).
• Wallace v. Kilbride
  319 F.2d 760· 3d Cir.· 1963-06-20
  The court held that a transfer of property to a husband, for which the wife paid the purchase price, creates a resulting trust in favor of the wife, and such a transfer is not fraudulent as to the husband's creditors.
• Kinas v. Joycia Apts., Inc.
  21 Fla. Supp. 147· Dade Cty. Cir. Ct.· 1962-09-14 ·via Action To Set Aside Fraudulent Conveyance
  A Panamanian corporation holding a deficiency judgment against Silverman brought a creditor's bill to reach stock in a Florida corporation pledged to Tomback as security for a lease. The court set aside Tomback's fraudulent forced sale of the pledged shares, finding that Tomback
• Cameron v. Fed. Auto Parts, Inc.
  301 F.2d 867· 5th Cir.· 1962-04-19
  The court held that the transferee failed to prove adequate consideration for the transfer of assets, thus the presumption of fraud arising from noncompliance with the Bulk Sales Law was not overcome.
• Midland Supply Co., Inc. v. Am. Drilling Co., Inc.
  302 F.2d 128· 10th Cir.· 1962-03-14
  The court held that the case must be remanded because the record lacked a specific finding that a creditor of the debtor, at the time of the transfers, was still a creditor with a provable claim at the time of reorganization.
• In re Ignatius A. Monforte
  296 F.2d 233· 2d Cir.· 1961-12-06
  The court held that a state court judgment setting aside a transfer as fraudulent is res judicata in a bankruptcy proceeding objecting to discharge, and the bankrupt cannot relitigate the issue.
• Newell R. Hays v. W. B. Darden in Bankr. of Tri-State Constr. Co.
  284 F.2d 932· 10th Cir.· 1960-11-09 ·via Action To Set Aside Fraudulent Conveyance
  The court held that the trustee could recover the reasonable value of fraudulently transferred property, less offsets for valid liens discharged by the transferee, but not also recover for the use value of that property.
• Acme Distrib. Co. v. Collins
  247 F.2d 607· 9th Cir.· 1957-07-08
  The court held that the District Court erred in reversing the Referee's order adjudging the bankrupt to be a bankrupt, as the evidence was insufficient to rebut the presumption that the real property was the wife's separate property.
• Autrey Bros., Inc. v. Frank M. Chichester in Bankr. for the Est. of Veraco, Inc.
  240 F.2d 498· 9th Cir.· 1957-01-18
  The court held that an unsigned deposition containing admissions by a party is admissible as evidence and that there was substantial evidence to support the trial court's finding of actual fraud in the transfer of assets.
• Arnold v. Cleo P. King in Bankruptcy of James C. Bookey, Sr.
  236 F.2d 877· 9th Cir.· 1956-08-27
  The court held that the referee had summary jurisdiction because the adverse claims were colorable, the transfer of assets violated the Bulk Sales Act, and the new entity was a continuation of the bankrupt business to conceal assets.
• In re Holle v. Intermountain Lumber Co.
  220 F.2d 850· 7th Cir.· 1955-03-18
  The court held that the involuntary bankruptcy petition was properly signed and verified, and that the allegations of insolvency and acts of bankruptcy were sufficient.
• W. S. Walker in Bankruptcy of the Estate of Harvey J. Hall, Jr. v. The Commercial Nat'l Bank OF Little Rock
  217 F.2d 677· 8th Cir.· 1954-12-15
  In this personal injury case arising from a motor vehicle collision, the Florida Supreme Court reversed a $5,000 judgment against the defendant and awarded a new trial, finding that the trial court improperly admitted hearsay testimony regarding statements the defendant made to a
• Cap. Fin. Corp. v. Leveen
  217 F.2d 36· 1st Cir.· 1954-11-18
  The court held that the district court properly remanded the case to determine the alleged bankrupt's true ownership of the property, as an act of bankruptcy requires the transfer of the debtor's own property.
• Harper v. Lloyd's Factors, Inc.
  214 F.2d 662· 2d Cir.· 1954-07-12
  The court held that the transaction was not fraudulent under the Bankruptcy Act or New York Debtor and Creditor Law, as there was fair consideration and no evidence of actual fraud or knowledge of impending bankruptcy by the defendant.
• Sieb's Hatcheries, Inc. v. Lindley
  209 F.2d 674· 8th Cir.· 1954-01-19
  The court held that the trial court's findings of fact regarding the validity of property transfers to Mrs. Lindley were not clearly erroneous and were supported by substantial evidence.
• Rosenberg v. Goodman
  185 F.2d 235· 7th Cir.· 1950-11-17 ·via Action To Set Aside Fraudulent Transfer
  The court held that the plaintiff failed to establish that the decedent transferred stock while insolvent with intent to defraud creditors, and therefore the judgment of the District Court is affirmed.
• Shaw v. Thompson
  184 F.2d 572· 5th Cir.· 1950-10-16
  The court held that the transfer of the automobile was colorable and fraudulent, and the district court properly exercised summary jurisdiction.
• ALT v. Burt
  181 F.2d 996· 6th Cir.· 1950-04-18
  The dissenting judge holds that the claim of Anna C. Alt was merely colorable and properly adjudicated by summary proceedings.
• Rockmore v. Schilling. in re Schilling Press, Inc.
  167 F.2d 204· 3d Cir.· 1948-03-23
  The court held that the trustee failed to prove that the payments and stock transfers were fraudulent or harmed creditors, thus affirming the lower court's decision.
• Vanderhorst v. Knott
  159 Fla. 394· Fla.· 1947-07-29
  Stockholders of a financially failing insurance company challenged the Insurance Commissioner's liquidation of Peoples Industrial Insurance Company and sale of its assets to Afro-American Life Insurance Company for $1,751, alleging fraud, collusion, and conspiracy. The Florida Su
• Hummel v. Cernocky
  161 F.2d 685· 7th Cir.· 1947-05-22
  The court held that the transfer of real estate was not fraudulent as to creditors because the transferee paid fair value and acted in good faith, but the transfer of personal property without consideration was fraudulent and recoverable by the trustee.
• Hamaker v. Heffron (two cases)
  148 F.2d 981· 9th Cir.· 1945-02-28
  The court held that the wife's transfers of her separate property were not fraudulent as to the bank because the bank was not her creditor at the time of the transfers, and that the husband's art was properly found to be part of his estate transferred in fraud of creditors.
• United States v. Aronoff
  138 F.2d 911· 2d Cir.· 1943-10-29
  The evidence sustained the jury's verdict, and the court properly refused the appellant's jury charge requests.
• Springmann v. Gary State Bank
  124 F.2d 678· 7th Cir.· 1941-12-18
  The court held that the trustee in bankruptcy can recover assets fraudulently transferred by the bankrupt, even if all creditors' claims were settled, provided there was evidence of insolvency and intent to defraud.
• Crenshaw v. McKINLEY
  116 F.2d 877· 2d Cir.· 1941-01-13
  The court held that the trustee failed to state a cause of action under the Bankruptcy Act because the allegations did not demonstrate a fraudulent transfer of the bankrupt's property.
• In re Grossberg
  S.D. Fla.· 1926-02-08
  In a bankruptcy discharge proceeding, the court addressed whether specifications of objection filed by creditors were properly verified and stated sufficient grounds to deny discharge under Section 14 of the Bankruptcy Act. The court held that specifications must be sworn to in p
• In re Brinson
  S.D. Fla.· 1925-09-25
  District court affirmed the referee's disallowance of a chattel mortgage on stock in trade and accounts, holding that the mortgage language permitting the debtor to remain in possession and replenish inventory was fraudulent as to creditors, and that the description of accounts w
• Harrison E. Barringer in Bankruptcy of the Estate of Smith v. Guar. Tr. & Sav. Bank
  87 Fla. 226· Fla.· 1924-03-04
  This case involves a bankruptcy trustee's attempt to void a transfer of accounts receivable made by a bankrupt company to a bank shortly before bankruptcy. The court considered whether the transfer constituted an illegal preference or a fraudulent conveyance.