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

• Grant v. George Schumann Tire & Battery Co.
  908 F.2d 874· 11th Cir.· 1990-08-10 ·cited 16×
  The court affirmed the bankruptcy court's attorney fee award and denied fees for appellate defense, finding the original award reasonable and the services for appeals unnecessary. The court also remanded for proper distribution of interest on a delayed refund.
• In re Greenbrook Carpet Co., Inc. v. The Nat'l City Bank OF Rome
  722 F.2d 659· 11th Cir.· 1984-01-03 ·cited 16×
  The court held that the bankruptcy court's finding of reasonably equivalent value was not clearly erroneous, and thus the payments were not fraudulent transfers.
• Heyman v. The Exch. Nat'l Bank OF Chicago
  615 F.2d 1190· 7th Cir.· 1980-02-20 ·cited 16×
  The court held that a bankrupt's third-party intervention motion was untimely and that the bankrupt failed to demonstrate the trustee's inadequate representation of his interest in potential surplus assets.
• Avco DELTA Corp. Canada Ltd. v. United States
  540 F.2d 258· 7th Cir.· 1976-07-23 ·cited 16×
  The court held that the Parkhill companies were not denied due process by the seizure of their assets, as they made a tactical choice not to participate in the hearings, and that the assets of all three companies could be used to satisfy the tax liabilities of one under the alter
• Pettit v. Doeskin Prods., Inc.
  270 F.2d 95· 2d Cir.· 1959-08-24 ·cited 16×
  The court held that the debtor is entitled to cancellation of the invalidly issued Keta shares, but this recovery must be conditioned on restoring Doeskin Products Inc. to its prior position, equivalent to cancelling the invalidly issued Doeskin shares.
• Charles G. Black in Bankr. of the Est. of Butler-Foster Milling Co. v. First Nat'l Bank OF Mobile
  255 F.2d 373· 5th Cir.· 1958-05-26 ·cited 16×
  The court held that a complaint should not be dismissed if it does not appear with certainty that the plaintiff cannot be entitled to relief under any provable set of facts.
• In re Wolf. Appeal of Huggins
  165 F.2d 707· 3d Cir.· 1948-01-21 ·cited 16×
  The court should reverse the bankruptcy court's affirmance of the referee's finding, as the evidence clearly indicates a fraudulent transfer of property.
• Glint Factors, Inc. v. Schnapp
  126 F.2d 207· 2d Cir.· 1942-03-03 ·cited 16×
• Chessler v. ALL Am. Semiconductor, Inc.
  225 So. 3d 849· Fla. 3d DCA· 2016-11-30 ·cited 15×
  The court held that the order disqualifying counsel did not meet the high standard for certiorari review, thus denying the petition.
• Hurlbert v. Shackleton
  560 So. 2d 1276· Fla. 1st DCA· 1990-04-18 ·cited 15×
  A debtor's transfer of assets to joint tenancy with his wife is subject to execution to satisfy a subsequently-obtained judgment only if the debtor harbored actual fraudulent intent at the time of transfer; because the creditor was a future, unknown party not in existence when th
• Fed. Deposit Ins. Corp. v. British-American Ins. Co., Ltd.
  828 F.2d 1439· 9th Cir.· 1987-09-29 ·cited 15×·via Action To Set Aside Fraudulent Conveyance
  The court held that the defendant's contacts with California were insufficient to establish personal jurisdiction, as the transaction was fortuitous and lacked purposeful interjection into the forum state.
• Schonfeld v. Engler
  119 Fla. 138· Fla.· 1935-04-25 ·cited 15×·via Action To Set Aside Fraudulent Conveyance
  Minnie Engler sought to set aside real property conveyances to Joe Schonfeld, claiming they were fraudulently made without consideration as part of a separate maintenance action against Jacob Engler. The Florida Supreme Court reversed the trial court's decree voiding the conveyan
• Est. of Jackson v. Ventas Realty
  812 F. Supp. 2d 1306· M.D. Fla.· 2011-09-12 ·cited 14×
  A Florida statutory supplemental proceeding under Section 56.29 to enforce a state court judgment is not a "civil action" removable to federal court because it is an ancillary continuation of the original state court action and federal courts lack original jurisdiction over such
• Celotex Corp. v. Hillsborough Holdings Corp. (In Re Hillsborough Holdings Corp.)
  176 B.R. 223· M.D. Fla.· 1994-10-13 ·cited 14×
  The court affirmed the bankruptcy court's judgment, finding that the appellants failed to prove that the corporate veil between JWC and Celotex should be pierced.
• Jacksonville Bulls Football, Ltd. v. Blatt
  535 So. 2d 626· Fla. 3d DCA· 1988-12-13 ·cited 14×
  Jacksonville Bulls Football appealed a trial court judgment that set aside three asset transfers and a consent judgment as fraudulent conveyances designed to hinder collection of a foreign judgment. The Florida appellate court reversed, holding that transfers for adequate cash co
• Triple-A Baseball Club Assocs. v. Ne. Baseball, Inc.
  832 F.2d 214· 1st Cir.· 1987-10-13 ·cited 14×
  The court held that the contract was unambiguous and the parties were bound by its terms, reversing the lower court's finding of ambiguity and termination.
• Ford v. Poston
  773 F.2d 52· 4th Cir.· 1985-09-18 ·cited 14×
  A debtor's transfer of property to create an exemption can be deemed a fraudulent transfer under 11 U.S.C. § 727(a)(2)(A) if there is extrinsic evidence of actual intent to defraud creditors beyond the mere conversion of non-exempt to exempt property.
• Abramson v. Lakewood Bank & Tr. Co.
  647 F.2d 547· 1st Cir.· 1981-06-10 ·cited 14×
  A non-judicial foreclosure sale constitutes a 'transfer' under § 67(d) of the Bankruptcy Act, and if it occurs within one year of the bankruptcy filing, it may be set aside as a fraudulent transfer if made without fair consideration.
• In re Cushman Bakery & Cushman Baking Co. Appeal of Jacob Agger
  526 F.2d 23· 1st Cir.· 1975-11-25 ·cited 14×
  The court held that Bakers' security interests were properly perfected under Maine law and the transactions were not fraudulent. However, the court reversed the district court's decision regarding the statute of limitations on the trustee's objection to Seaboard's claim.
• Roscoe T. Schafer for the Est. of Gibson Prods. of Durango, Inc. v. Hammond
  456 F.2d 15· 10th Cir.· 1972-03-14 ·cited 14×
  The court held that the transfer of the 'By-Pass' property was fraudulent as to creditors because it was made without fair consideration by an insolvent debtor, and the purchasers were not bona fide purchasers.
• Pardo v. Wilson Line OF Wash., Inc.
  414 F.2d 1145· D.C. Cir.· 1969-05-23 ·cited 14×
  The court affirmed the district court's refusal to enforce the New York judgment, finding no valid jurisdiction over the appellees in the New York courts.
• David L. Trask in Bankr. of Magic Spuds, Inc. v. Susskind
  376 F.2d 17· 5th Cir.· 1967-04-05 ·cited 14×
  The court held that the trial court did not err in dismissing the fraudulent transfer claims and in excluding the expert witness testimony due to a failure to comply with pre-trial stipulations.
• Frank S. Blackford in Bankr. of Munro-Van Helms Co. v. Commercial Credit Corp.
  263 F.2d 97· 5th Cir.· 1959-01-23 ·cited 14×
  The court held that the assignment of accounts receivable complied with the Alabama Assignment of Accounts Receivable Act, and that the transaction, though a loan secured by accounts, was not a fraudulent transfer under Alabama law.
• Hensley v. United States
  257 F.2d 681· 5th Cir.· 1958-06-30 ·cited 14×
• Dabney v. Levy
  191 F.2d 201· 2d Cir.· 1951-07-10 ·cited 14×
  The court held that the trustee's action was not barred by the statute of limitations because the two-year discovery rule from Bailey v. Glover applied, and the defendant was liable for the misappropriated funds.
• A.M. Samara v. Taylor
  38 F.4th 141· 11th Cir.· 2022-06-14 ·cited 13×
  The Eleventh Circuit affirmed the district court's dismissal, holding that the plaintiff's claim for reformation of a mortgage was barred by Alabama's ten-year statute of limitations for actions to recover land.
• Paul v. Gadi Avrahami and Andrew Paul
  216 So. 3d 647· Fla. 4th DCA· 2017-04-12 ·cited 13×
  Appellants (trustee and trust) appeal the trial court's denial of their motion for attorney's fees under section 57.105, Florida Statutes, challenging a judgment creditor's frivolous motion for attorney's fees against them as impleaded defendants in a fraudulent transfer proceedi
• Gen. Elec. Co. & Gen. Elec. Cap. Corp. v. Chuly Int'l, LLC
  118 So. 3d 325· Fla. 3d DCA· 2013-08-07 ·cited 13×
  GE appealed the denial of its motion for a prejudgment writ of attachment against Chuly International's property, claiming the property was acquired through a fraudulent transfer by de Cespedes (who guaranteed GE's lease). The court reversed, holding that GE presented sufficient
• Bloco, Inc. v. Porterfield OIL Co., Inc.
  990 So. 2d 578· Fla. 2d DCA· 2008-08-06 ·cited 13×
  Bloco appeals an award of attorney's fees to Porterfield, arguing that Porterfield never pleaded entitlement to fees and failed to identify a contractual or statutory basis for the award. The court reverses, holding that a party must plead entitlement to attorney's fees and that
• In re May
  12 B.R. 618· N.D. Fla.· 1980-10-16 ·cited 13×
  The court held that allegations of fraudulent transfers, even if occurring more than one year before bankruptcy, could constitute a continuing concealment of assets, potentially barring discharge.
• Dezen v. Slatcoff
  66 So. 2d 483· Fla.· 1953-07-03 ·cited 13×
  In this supplementary proceeding to enforce a judgment, the trial court set aside an automobile transferred by a judgment debtor to his wife as fraudulently conveyed under Florida Statute § 55.57, determining the transfer was made to defraud creditors. The appellant wife challeng
• Pollizzi v. Craig Paulshock, M.D.
  52 So. 3d 786· Fla. 5th DCA· 2010-12-30 ·cited 12×
  Dr. Paulshock obtained a judgment against Davenport Anesthesiology Associates and thereafter sought to hold three physician-shareholders liable for fraudulent transfer of corporate funds through supplementary proceedings. The court affirmed the liability finding but reversed the
• Capco Props., LLC. v. Monterey Gardens OF Pinecrest Condo.
  982 So. 2d 1211· Fla. 3d DCA· 2008-05-23 ·cited 12×
  The Third District Court of Appeal granted a writ of certiorari to review nonfinal discovery orders, quashing orders that compelled disclosure of six years of personal financial information from a condominium developer and its members where the complaint contained no claim for pu
• Luzinski v. Peabody & Arnold LLP (In Re Gosman)
  382 B.R. 826· S.D. Fla.· 2007-12-13 ·cited 12×
  The court affirmed the bankruptcy court's dismissal of the malpractice claim, holding that the in pari delicto doctrine barred the trustee's action because the debtor's intentional fraud was at least as culpable as the law firm's alleged negligence. The court also found the trust
• Gerber Trade Fin., Inc. v. Bayou Dock Seafood Co., Inc.
  917 So. 2d 964· Fla. 3d DCA· 2005-12-28 ·cited 12×
  Gerber Trade Finance sued Bayou Dock Seafood for conversion and civil theft of seafood inventory in Miami, Florida. The trial court dismissed for lack of personal jurisdiction, finding Bayou's contacts isolated and non-systematic. The appellate court reversed, holding that specif
• Cuneo v. Conseco Servs., LLC
  899 So. 2d 1139· Fla. 3d DCA· 2005-03-09 ·cited 12×
  The Cuneos sought certiorari review to quash a trial court order denying their motion to dismiss an equitable lien claim against their homestead property and denying their request to stay the Florida action in deference to a first-filed Indiana action. The appellate court denied
• Conseco Servs., LLC. v. Richard Cuneo & Ngaire Cuneo
  904 So. 2d 438· Fla. 3d DCA· 2005-03-09 ·cited 12×
  The court held that a lis pendens on homestead property was properly dissolved because the plaintiff failed to establish a fair nexus between the property and the lawsuit, and the conditions imposed on the property were reversed.
• Gaedeke Holdings, Ltd. v. Mortg. Consultants, Inc.
  877 So. 2d 824· Fla. 4th DCA· 2004-07-07 ·cited 12×
  Gaedeke Holdings appealed the denial of its motion for attorneys' fees and costs against fraudulent transferees Nier and Olinick in a post-judgment supplemental proceeding. The appellate court held that while attorneys' fees cannot be directly assessed against impleaded third-par
• In re Fin. Federated Title & Tr. v. Kozyak
  347 F.3d 880· 11th Cir.· 2003-10-03 ·cited 12×
  A bankruptcy trustee sought to impose an equitable lien and constructive trust on a Florida homestead property purchased with funds fraudulently obtained through a massive Ponzi scheme involving viatical settlement investments. The bankruptcy court granted summary judgment for th
• H.J.J., Inc. v. Party Prods., II, Inc.
  738 So. 2d 515· Fla. 3d DCA· 1999-08-18 ·cited 12×
  H.J.J., Inc. appealed an award of attorneys' fees under Florida Statute § 57.105(1) to defendants who prevailed on summary judgment in a fraudulent transfer case. The court reversed, holding that the plaintiff's complaint raised justiciable issues of law and fact at inception, ma
• Fallschase Dev. Corp. & L. Blair Bailey v. Blakey
  696 So. 2d 833· Fla. 1st DCA· 1997-03-20 ·cited 12×
  The court affirmed that a right of first refusal in a 1975 real property contract violates the common law rule against perpetuities and is void ab initio, while certifying to the Florida Supreme Court a question about whether a statutory reformation provision can be applied retro
• NCNB Nat'l Bank of N.C. v. Tiller
  814 F.2d 931· 4th Cir.· 1987-03-17 ·cited 12×
  The court affirmed the trial court's rulings and imposed sanctions, finding the appeal frivolous and lacking in legal and factual merit.
• Cumberland OIL Corp. & Sugargrove, Ltd. v. Thropp
  791 F.2d 1037· 2d Cir.· 1986-05-30 ·cited 12×
  The court held that a cause of action for fraudulent inducement of contract is not property of the bankruptcy estate, but affirmed summary judgment because the plaintiffs failed to establish proximate injury.
• Maynard B. Melamed in Bankr. for Terminal Equip., Inc. v. Lake Cnty. Nat'l Bank Now Known as Bank One of Ne. Ohio, N.A.
  727 F.2d 1399· 6th Cir.· 1984-02-21 ·cited 12×
  The court held that the transfer of funds to the bank did not diminish the debtor's assets available to creditors, thus not constituting a fraudulent transfer. It also held that the district court did not abuse its discretion in exercising pendent jurisdiction over the state law
• In re Bateman v. Bateman
  646 F.2d 1220· 8th Cir.· 1981-04-08 ·cited 12×
  A gratuitous transfer of valuable property by a debtor shortly before bankruptcy raises a presumption of fraudulent intent, and the debtor's explanations were insufficient to rebut this presumption.
• Poyner v. Lear Siegler, Inc.
  542 F.2d 955· 6th Cir.· 1976-10-14 ·cited 12×
  The court held that under Kentucky law, a parent corporation's control over its subsidiary, without more, is insufficient to disregard the subsidiary's separate corporate identity and hold the parent liable for the subsidiary's obligations.
• In re Wilco Forest Mach., Inc. v. Eaton Corp.
  491 F.2d 1041· 5th Cir.· 1974-03-27 ·cited 12×
  The court held that Eaton's security interest was validly perfected and the transfer of assets was not a voidable preference or fraudulent transfer, but affirmed the requirement for an accounting to assess potential inequitable conduct.
• Dering v. Everette H. Williams in Bankruptcy of Eldon P. Dering
  378 F.2d 417· 9th Cir.· 1967-05-11 ·cited 12×
  The court held that transactions between brothers, viewed as security devices for loans, constituted a prohibited transfer of assets by an insolvent debtor within one year of bankruptcy.
• Oliver v. Mercaldi
  103 So. 2d 665· Fla. 2d DCA· 1958-06-11 ·cited 12×
  Oliver appealed from a decree granting her foreclosure on a chattel mortgage but denying reformation and equitable lien relief. The court held that Oliver, as a vendor of a lease, was entitled to an equitable vendor's lien for unpaid purchase money despite the lease not being exp
• Graff v. Nieberg
  233 F.2d 860· 7th Cir.· 1956-05-23 ·cited 12×·via Action To Set Aside Fraudulent Conveyance
  The court held that the plaintiff stated a valid claim for a lien and that the district court had jurisdiction, as the defendants waived any objections to venue by their general appearance and motions to dismiss.