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

• Am. Salvage & Jobbing Co., Inc. v. Jacque Salomon
  295 So. 2d 710· Fla. 3d DCA· 1974-06-11 ·cited 27×
  American Salvage appealed a judgment on the pleadings entered against it in a fraudulent transfer (creditor's bill) action. The court reversed, holding that a reply to affirmative defenses that merely deny allegations already made in the complaint is not required under Florida Ru
• Regent Bank v. Woodcox
  636 So. 2d 885· Fla. 4th DCA· 1994-05-18 ·cited 26×
  Regent Bank sought to implead a third party in supplementary proceedings under Florida Statute § 56.29 to satisfy an unsatisfied writ of execution. The trial court denied the motion, concluding it lacked jurisdiction absent a reservation of jurisdiction in the original judgment.
• Robert L. Jackson in Bankr. for Great W. Automatic Sprinkler Co. & Fabrication & Supply Co. v. Star Sprinkler Corp. OF Fla.
  575 F.2d 1223· 8th Cir.· 1978-04-26 ·cited 26×
  The court held that the transfers of assets were fraudulent under § 67(d) of the Bankruptcy Act, and the trustee could recover the value of those assets. The court also clarified that the perfection date of a transfer under § 67(d)(5) applies to time limitations, not the establis
• Winthrop J. Allegaert v. Perot
  548 F.2d 432· 2d Cir.· 1977-01-25 ·cited 26×
  A bankruptcy trustee cannot be compelled to arbitrate claims arising under the Bankruptcy Act and federal securities laws, as these involve significant public policy interests that outweigh the general policy favoring arbitration.
• Sec. & Exch. Comm'n v. Bartlett
  422 F.2d 475· 8th Cir.· 1970-02-17 ·cited 26×·via Fraudulent Sale
  The court held that the trial judge's remarks did not demonstrate bias and that continuing the receivership for liquidation was justified.
• Wilder v. Punta Gorda State Bank
  100 Fla. 517· Fla.· 1930-08-02 ·cited 26×
  In this second appeal of a fraud case involving promissory notes, the Florida Supreme Court reverses the trial court's decree because it improperly adjudicated rights to a note that had been transferred to a third party not joined in the suit. The decision establishes important p
• United States v. Henco Holding Corp.
  985 F.3d 1290· 11th Cir.· 2021-01-19 ·cited 25×
  The United States sought to recover unpaid federal income taxes from shareholders of Henco Holding Corp. based on fraudulent transfers they received, arguing it did not need to separately assess the shareholders as transferees under Internal Revenue Code § 6901 because it had tim
• Coleman v. Alcock
  272 F.2d 618· 5th Cir.· 1959-12-04 ·cited 25×
  A bankruptcy trustee is not bound by a prior state court judgment against the bankrupt when the trustee asserts rights under Section 70(e) of the Bankruptcy Act, as the trustee represents all creditors and has a status superior to the bankrupt.
• Oginsky v. Paragon Props. of Costa Rica LLC
  784 F. Supp. 2d 1353· S.D. Fla.· 2011-05-16 ·cited 24×
  The court granted motions to dismiss, finding the complaint failed to meet pleading standards for RICO and ILSFDA claims due to insufficient particularity and failure to comply with local rules.
• Peckham v. Fam. Loan Co.
  196 F.2d 838· 5th Cir.· 1952-05-13 ·cited 24×
  The court held that the prior state court judgment did not bar the present action because the causes of action were different and the specific issues in the current case were not litigated in the prior proceeding.
• Roth v. Fabrikant Bros.
  175 F.2d 665· 2d Cir.· 1949-07-07 ·cited 24×
  The court held that interest should be added to the preference verdict but not the fraudulent transfer verdict, affirming the judgment as modified.
• SE Prop. Holdings, LLC v. Neverve LLC
  65 F.4th 1335· 11th Cir.· 2023-04-11 ·cited 23×·via Florida Uniform Fraudulent Transfer Act
  SE Property Holdings obtained a deficiency judgment against Neverve after Neverve defaulted on secured loans, and then sued when Neverve transferred settlement proceeds to attorneys to pay the principal's personal bankruptcy fees rather than apply them to the judgment. The Eleven
• TransPETROL, Ltd. v. Rodoljub Radulovic
  764 So. 2d 878· Fla. 4th DCA· 2000-08-09 ·cited 23×
  The court affirmed the dismissal of the fraud count for failure to allege reliance or a duty to disclose, and the RICO count for failure to allege proximate cause.
• In re Roco Corp. v. Avram Cohen
  701 F.2d 978· 1st Cir.· 1983-03-02 ·cited 23×
  The court held that the redemption of the debtor corporation's stock for a promissory note and security interest constituted a fraudulent transfer and that subsequent payments on officer loans were voidable preferences.
• Matthews v. Olive M. Matthews & Soft Water Laundry, Inc.
  177 So. 2d 497· Fla. 2d DCA· 1965-07-09 ·cited 23×
  An estate administrator sued to recover shares of corporate stock allegedly fraudulently transferred by a controlling shareholder after the decedent's death. The trial court dismissed after finding insufficient evidence of fraud and that the claim was barred by laches. The appell
• First State Bank of Clermont v. Fitch
  105 Fla. 435· Fla.· 1932-05-06 ·cited 23×
  The court reversed a lower court's dismissal of a bill of complaint, holding that a creditor could pursue equitable relief to set aside a fraudulent conveyance even without a prior judgment at law. This is permissible when legal remedies are impossible or unavailing, such as when
• Freeman v. First Union Nat'l Bank
  865 So. 2d 1272· Fla.· 2004-01-29 ·cited 22×·via Florida Uniform Fraudulent Transfer Act
  The Florida Supreme Court answered a certified question from the Eleventh Circuit, holding that Florida's Uniform Fraudulent Transfer Act (FUFTA) does not create a cause of action for damages against aiders and abettors to fraudulent transfers who are not themselves transferees.
• In re Edward M. Johnson & Assocs., Inc. v. Johnson
  845 F.2d 1395· 6th Cir.· 1988-05-04 ·cited 22×
  The court held that J&A was an intended third-party beneficiary of the stock sale contract, reversing the district court's decision on this point, but remanded issues regarding failure of consideration defenses. The court also reversed the district court's factual finding on unpa
• DELTA AIR Lines, Inc. v. Wilson
  210 So. 2d 761· Fla. 3d DCA· 1968-05-21 ·cited 22×
  The court held that the Statute of Frauds precludes proof of personal guarantee intent and that the corporate officer's signature did not create personal liability, nor was there sufficient basis to disregard the corporate entity.
• McNELLIS v. Merchs. Nat'l Bank & Tr. Co. OF Syracuse
  385 F.2d 916· 2d Cir.· 1967-11-24 ·cited 22×
  The court held that the district court's order, though certified under Rule 54(b), was not a final appealable judgment because it did not adjudicate a distinct claim for relief.
• Virginia-Carolina Chem. Corp. v. Smith
  121 Fla. 720· Fla.· 1935-10-15 ·cited 22×·via Action To Set Aside Fraudulent Conveyance
  Virginia-Carolina Chemical Corporation obtained a judgment against D. C. Smith and sought to reach property in Sumter County that Smith had conveyed to his brother F. D. Smith through supplementary execution proceedings. The Florida Supreme Court reversed because F. D. Smith, a t
• Tenet Healthcare Corp. v. Dipnarine Maharaj M.D. & Stem Cell, Inc.
  787 So. 2d 241· Fla. 4th DCA· 2001-05-23 ·cited 21×
  Tenet Healthcare and affiliated entities appealed a denial of their motion to compel arbitration of a dispute with Dr. Maharaj and Stem Cell, Inc. over termination and alleged breaches arising from a limited partnership agreement and physician employment agreement. The court reve
• Mrs. M. A. Vickers v. John B. Glenn in Bankruptcy of the Estate of E. N. Dekle
  102 Fla. 535· Fla.· 1931-07-27 ·cited 21×
  A bankruptcy trustee sought to cancel a mortgage on the ground that it was recorded within four months of the debtor's bankruptcy filing, making it void under bankruptcy law. The Florida Supreme Court reversed, holding that the mortgage was actually delivered to the clerk for rec
• Morton v. Cord Realty, Inc.
  677 So. 2d 1322· Fla. 4th DCA· 1996-07-31 ·cited 20×
  Michael Morton appeals an order in proceedings supplementary that set aside a transfer to him from a judgment debtor, Tradewinds Development Corporation. The appellate court reversed, holding that the trial court erred by placing the burden of proof solely on the non-appearing ju
• Lovell v. Mixon
  719 F.2d 1373· 8th Cir.· 1983-10-31 ·cited 20×·via Action To Set Aside Fraudulent Conveyance
  Res judicata and collateral estoppel do not bar a bankruptcy court from considering fraudulent transfers in a discharge denial proceeding, even if those transfers were the subject of prior fraudulent conveyance actions.
• H. C. Kirk et ux. v. Howard Jay Edinger et ux.
  380 So. 2d 1336· Fla. 5th DCA· 1980-03-19 ·cited 20×·via Action To Set Aside Fraudulent Conveyance
  The Kirks appealed a judgment dismissing their action to set aside a property conveyance they alleged was fraudulent. The court affirmed the trial court's judgment, holding that while badges of fraud were present, the evidence supported the trial court's finding that the conveyan
• Huntington Towers, Ltd. v. Franklin Nat'l Bank (in liquidation) & Fed. Deposit Ins. Corp.
  559 F.2d 863· 2d Cir.· 1977-07-19 ·cited 20×
  The court affirmed dismissal of claims against the FRB and Comptroller, finding their actions within their statutory authority and protected by immunity. Claims against EAB regarding financing were dismissed due to the Statute of Frauds, while preferential transfer claims against
• In re King-Porter Co., Inc. v. Bankruptcy
  446 F.2d 722· 5th Cir.· 1971-07-19 ·cited 20×
  The court held that the claimant perfected a valid security interest in the air conditioners, and the transfer was not a preferential or fraudulent transfer under the Bankruptcy Act.
• Aulick v. Flournoy L. Largent
  295 F.2d 41· 4th Cir.· 1961-10-02 ·cited 20×
  The court held that the transfer of stock to Lemley to secure his endorsement of Aulick's note was supported by present consideration and not a voidable preference, except for the $3,000 antecedent debt. However, Aulick received a voidable preference because Lemley's payment to h
• In re Linda Coal & Supply Co.
  255 F.2d 653· 3d Cir.· 1958-05-19 ·cited 20×
  The court held that an appellate court cannot grant relief on a theory not passed upon by the trial court, especially when the party expressly limited the trial to a different theory.
• Chatz v. Freeman
  204 F.2d 764· 7th Cir.· 1953-05-18 ·cited 20×
  Rule 65(c) requiring a bond is not controlling in bankruptcy proceedings, and the requirement of a bond rests within the discretion of the bankruptcy court.
• Republic of Italy v. DE Angelis
  206 F.2d 121· 2d Cir.· 1953-01-20 ·cited 20×
  The court held that the transactions constituted fraudulent conveyances and justified an attachment under New York law, reversing the lower court's order.
• Longo v. Associated Limousine Servs., Inc.
  236 So. 3d 1115· Fla. 4th DCA· 2018-01-24 ·cited 19×
  A judgment creditor who files a motion and affidavit satisfying section 56.29(1) is entitled to proceedings supplementary as a matter of right, but impleader of third parties under section 56.29(2) requires the judgment creditor to describe with reasonable particularity any prope
• Biel REO, LLC v. Barefoot Cottages Dev. Co. LLC
  156 So. 3d 506· Fla. 1st DCA· 2014-12-12 ·cited 19×
  Biel Reo, LLC sought to enforce a $4.5 million judgment against debtors Gwin and Shoults by pursuing assets they transferred to irrevocable family trusts after defaulting on a guaranteed loan. The court reversed the trial court's dismissal based on statute of limitations, holding
• Rappaport v. Mercantile Bank
  17 So. 3d 902· Fla. 2d DCA· 2009-09-18 ·cited 19×
  The Florida District Court of Appeal quashed a circuit court order requiring a nonparty wife to disclose her personal financial information and records in a loan dispute action where she was neither a party, a guarantor, nor involved in the transaction. The court held that discov
• Goodman v. Aldrich & Ramsey Enters., Inc.
  804 So. 2d 544· Fla. 2d DCA· 2002-01-16 ·cited 19×
  Sam and Katherine Goodman appeal a partial summary judgment holding them personally liable for a debt owed by their corporation, Prestige Custom Home Builders, based on collateral estoppel from a prior foreclosure action. The court reverses, finding that the five essential elemen
• In re Bundles v. Baker
  856 F.2d 815· 7th Cir.· 1988-08-25 ·cited 19×
  The court held that the sale price at a regularly conducted, noncollusive foreclosure sale is not automatically deemed reasonably equivalent value under section 548(a)(2)(A) of the Bankruptcy Code.
• United States v. Strauss
  283 F.2d 155· 5th Cir.· 1960-10-14 ·cited 19×
  The court held that count eight of the indictment was legally sufficient to charge a conspiracy to violate bankruptcy laws, even if it failed to adequately charge mail fraud.
• Ferguson Enters., Inc. v. Astro AIR Conditioning AND Heating
  137 So. 3d 613· Fla. 2d DCA· 2014-05-07 ·cited 18×
  The circuit court erred by looking beyond the four corners of the complaint to dismiss claims for breach of guaranty and fraudulent transfer.
• Nationsbank, N.A. v. Coastal Utils., Inc.
  814 So. 2d 1227· Fla. 4th DCA· 2002-05-01 ·cited 18×
  NationsBank, as a judgment creditor against Michael Iacobelli, sought to recover funds that Iacobelli's wife Patricia Maczko withdrew from a joint tenancy account. The court reversed summary judgment for Maczko, holding that factual issues remain regarding whether the withdrawal
• Acadia P'rs, L.P. v. Tompkins
  759 So. 2d 732· Fla. 5th DCA· 2000-05-26 ·cited 18×
  Acadia Partners sued the Tompkinses to pierce their corporation's veil and recover $30 million owed by their company TIGI. The trial court entered judgment for Acadia and applied setoffs for pretrial settlements, then calculated interest under the amended Florida judgment interes
• In re S. L. E., Inc. v. S. L. E., Inc.
  674 F.2d 359· 5th Cir.· 1982-04-26 ·cited 18×
  The court held that the appeal was moot and therefore dismissed for lack of jurisdiction because all underlying disputes had been settled and the parties had released each other.
• Nat'l CAR Rental Sys., Inc. v. Bruce A. Ryals Enters., Inc.
  380 So. 2d 529· Fla. 5th DCA· 1980-02-27 ·cited 18×
  The court held that a judgment creditor cannot garnish a third party's bank account if there is no evidence that the funds in that account belong to the judgment debtor, even if the third party previously aided the debtor in fraudulent activities.
• Peter M. Elliott in Bankruptcy for the Estate of Henry H. Herrera v. Glushon
  390 F.2d 514· 9th Cir.· 1967-12-26 ·cited 18×
  The court held that the Bankruptcy Act limits a trustee's recovery for fraudulent transfers and voidable preferences to persons who have actually received the property in question, not merely those who conspired to effect the transfer.
• Wynn v. Reconstr. Fin. Corp.
  212 F.2d 953· 9th Cir.· 1954-05-07 ·cited 18×
  The court held that an appeal from a denial of a motion to remand and from a partial summary judgment is not properly before the appellate court as it is not a final judgment or a specifically appealable interlocutory order.
• Treated Timber Prods., Inc. v. S & A Assocs., Inc.
  488 So. 2d 159· Fla. 1st DCA· 1986-05-14 ·cited 17×
  The court held that the trial court erred by applying the incorrect burden of proof when denying a petition for supplemental relief under Florida Statute § 56.29(6)(a).
• In re Fundamental Long Term Care, Inc. v. Rubin Schron
  873 F.3d 1325· 11th Cir.· 2017-10-19 ·cited 16×
  The Eleventh Circuit affirmed the dismissal of all claims against real-estate investor Rubin Schron in a complex bankruptcy adversary proceeding arising from a "bust-out" scheme in which nursing-home operators transferred assets to judgment-proof entities to evade liability for $
• Daewoo Motor Am., Inc. v. Gen. Motors Corp.
  459 F.3d 1249· 11th Cir.· 2006-08-11 ·cited 16×
  Daewoo Motor America, Inc., a U.S. subsidiary and exclusive distributor of Daewoo vehicles, challenged the dismissal of claims against General Motors and others arising from a Korean bankruptcy reorganization that transferred Daewoo Korea's assets to a new entity (GMDAT), which t
• Lab. Corp. OF Am. v. Prof'l Recovery Network
  813 So. 2d 266· Fla. 5th DCA· 2002-04-12 ·cited 16×
  Laboratory Corporation of America appealed a summary judgment dismissing its claims against Professional Recovery Network, Inc. for debts incurred by their predecessor, Drug Programs Management, Inc. The court reversed, finding genuine issues of material fact regarding whether PR
• Acadia P'rs, L.P. v. Tompkins
  673 So. 2d 487· Fla. 5th DCA· 1996-03-22 ·cited 16×
  Acadia Partners filed two separate actions arising from the same underlying transaction: one for breach of a credit agreement (319 action) and another for fraud and related tort claims (320 action). The trial court granted summary judgment dismissing the 320 action based on res j