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

• Theard v. Fid. & Deposit Co. of Md.
  202 F.2d 880· 5th Cir.· 1953-04-02 ·cited 12×
  The court held that the order denying the motion to dismiss the involuntary bankruptcy petition was appealable and that the petition stated a claim upon which relief could be granted.
• Landy v. Silverman
  189 F.2d 80· 1st Cir.· 1951-05-16 ·cited 12×
  The court held that the pleadings raised genuine issues of fact regarding whether a transfer of licenses was preferential, precluding summary judgment.
• In re Associated GAS & Elec. Co. in re Associated GAS & Elec. Corp.
  149 F.2d 996· 2d Cir.· 1945-03-27 ·cited 12×
  The court held that the district court did not abuse its discretion in approving the compromise of controversies in the reorganization proceedings, as there were reasonably disputable issues that could have led to a favorable outcome for the Ageco trustee.
• Moonblatt v. Kosmin
  139 F.2d 412· 3d Cir.· 1943-12-06 ·cited 12×
  A party waives their right to object to a bankruptcy referee's summary jurisdiction if they do not raise the objection promptly, which is considered equivalent to consent. However, if the claim involves disputed facts and reasonable room for controversy, a plenary proceeding is r
• Armour & Co. of Del. v. B. F. Bailey, Inc.
  132 F.2d 386· 5th Cir.· 1942-12-22 ·cited 12×·via Action To Set Aside Fraudulent Conveyance
  The court held that the corporation could not be held liable for the individual's debt, as the conveyance was valid and the corporation was not the individual's alter ego.
• Cunningham v. Merchs'. Nat. Bank of Manchester
  4 F.2d 25· 1st Cir.· 1925-01-06 ·cited 12×
  The dissenting judge argues that the defendant bank actively participated in Charles Ponzi's fraudulent scheme by soliciting and retaining deposits from him, knowing he was insolvent and that these funds would be used to pay off certain creditors preferentially. This active coope
• Finlayson v. Lipscomb
  16 Fla. 751· Fla.· 1878-06-01 ·cited 12×·via Fraudulent Sale
  In this mortgage foreclosure dispute, the Florida Supreme Court affirmed a decree of foreclosure against John B. Lipscomb, rejecting his defense that the mortgagee (W. J. Hines, acting as executor and trustee) had agreed to cancel the mortgage debt in exchange for bidding in the
• Burton W. Wiand v. ATC Brokers Ltd.
  96 F.4th 1303· 11th Cir.· 2024-03-19 ·cited 11×
  Brokers sued for a real estate commission after a seller signed a contract for a sugarcane farm, purporting to act for his co-owning brothers, but later refused to close.
• Houri v. Mordechai Boaziz
  196 So. 3d 383· Fla. 3d DCA· 2016-03-09 ·cited 11×·via Florida Uniform Fraudulent Transfer Act
  In this real estate dispute, the Florida Third District Court of Appeal reversed most of a trial court's judgment against David Houri for alleged breaches of fiduciary duty, fraud, and fraudulent transfers involving two condominium conversion projects, finding that the parties' c
• KEY W. Seaside, LLC v. Certified Lower Keys Plumbing, Inc.
  208 So. 3d 718· Fla. 3d DCA· 2015-09-02 ·cited 11×
  A defendant who receives a judgment of no liability and has made a qualifying offer of judgment is entitled to attorney's fees and costs as a matter of right under Florida's offer of judgment statute, and the trial court may disallow such fees only upon a finding that the offer w
• Akerman Senterfitt & Eidson, P.A. v. Value Seafood, Inc.
  121 So. 3d 83· Fla. 3d DCA· 2013-09-04 ·cited 11×
  A judgment creditor appealed the dismissal of garnishment writs against two garnishees after the first writs were automatically dissolved under Florida Statute § 77.07(5) for failure to timely pursue final judgment. The court held that while the first writs were properly dissolve
• Colonial Bank v. Freeman (In Re Pac. Forest Prods. Corp.)
  335 B.R. 910· S.D. Fla.· 2005-10-17 ·cited 11×
  The court held that motions for rehearing of an interlocutory bankruptcy order toll the time for filing a motion for leave to appeal, and that the specific legal question regarding check kiting as per se fraudulent intent presents a controlling question of law with substantial gr
• Standard Prop. Inv. Tr., Inc. v. Luskin
  585 So. 2d 1099· Fla. 4th DCA· 1991-09-11 ·cited 11×
  The court held that the statutory requirements for initiating supplementary proceedings under Fla. Stat. § 56.29(1) were met, and the prior requirement of a returned unsatisfied writ of execution was eliminated by a 1967 amendment.
• Estudios v. Swiss Bank Corp. (Overseas) S.A.
  507 So. 2d 1119· Fla. 3d DCA· 1987-02-24 ·cited 11×
  EPICA, a Costa Rican corporation, appeals a trial court's order granting a prejudgment writ of attachment of its property to secure a debt owed by Raul Garcia Granados to Swiss Bank Corporation. The court upheld the attachment based on alter ego liability, finding that Granados c
• In re Wolverton v. Wolverton
  491 F.2d 361· 9th Cir.· 1974-01-03 ·cited 11×
  The court should reverse and remand, directing the return of money to Time.
• City OF Lake Worth v. First Nat'l Bank IN Palm Beach
  93 So. 2d 49· Fla.· 1957-02-06 ·cited 11×·via Fraudulent Sale
  The City of Lake Worth sued to recover municipal funds paid to bond dealer Truman Lifsey for bonds that were never delivered. The city recovered against the estate, but appealed the trial court's dismissal of the city treasurer Stimson and his surety. The Florida Supreme Court re
• B. F. Avery & Sons Co. v. J. Alvan Davis in Bankr. of Alaga Tractor Co.
  226 F.2d 942· 5th Cir.· 1955-11-15 ·cited 11×
  The court held that an unrecorded conditional sales contract under Georgia law was not valid against a subsequent judgment creditor or the trustee in bankruptcy, and the transfer of property under such a contract within four months of bankruptcy constituted a preferential transfe
• Sample v. Natalby
  120 Fla. 161· Fla.· 1935-06-21 ·cited 11×
  A creditor with a judgment against a debtor sought to set aside conveyances made by the debtor through an intermediary to himself and his wife as tenants by the entireties, claiming the transfers were fraudulent. The Florida Supreme Court reversed the lower court's dismissal, hol
• Reel v. Livingston
  34 Fla. 377· Fla.· 1894-06-01 ·cited 11×·via Action To Set Aside Fraudulent Conveyance
  E. J. Reel, a surety on promissory notes executed by J. H. Livingston, paid a judgment obtained against Livingston and sought to recover from property that Livingston had transferred to his wife. The Florida Supreme Court reversed the lower court's dismissal, holding that a suret
• Spector v. Robert L. Spector, Robert L. Spector, P.A.
  226 So. 3d 256· Fla. 4th DCA· 2017-05-24 ·cited 10×
  A former wife sought to enforce an alimony judgment against her ex-husband by obtaining proceedings supplementary, challenging the circuit court's conclusion that homestead property and insurance policies are absolutely exempt from contempt enforcement. The appellate court held t
• Nat'l Auto Serv. Ctrs., Inc. v. F/R 550, LLC
  192 So. 3d 498· Fla. 2d DCA· 2016-03-30 ·cited 10×
  This case interprets Florida's Uniform Fraudulent Transfer Act (FUFTA) concerning the timeliness of claims to void fraudulent transfers. The court held that the one-year discovery savings clause in section 726.110(1) is triggered by discovery of the transfer itself, not discovery
• Pianeta Miami, Inc. v. Lieberman
  949 So. 2d 215· Fla. 3d DCA· 2006-11-15 ·cited 10×·via Fraudulent Sale
  Pianeta Miami appeals from a trial court order denying its motion to release funds held in escrow that exceeded the final judgment amount plus prejudgment interest. The court holds that the order improperly restrains Pianeta's unrestricted assets and constitutes an unjustified in
• Broxmeyer v. Elie
  647 So. 2d 893· Fla. 4th DCA· 1994-11-16 ·cited 10×
  The court held that a plaintiff cannot recover damages if they fail to prove any damages resulted from the defendant's actions.
• State v. Blackburn
  633 So. 2d 521· Fla. 2d DCA· 1994-03-09 ·cited 10×
  The Department of Insurance, as Receiver of a failed insurance company (AGL), appealed the trial court's dismissal of its complaint against officers, directors, and related entities for breach of fiduciary duty, waste of corporate assets, and civil theft. The appellate court reve
• Lawhon v. Mason
  611 So. 2d 1367· Fla. 2d DCA· 1993-01-22 ·cited 10×
  Joan Lawhon, a defendant in an automobile negligence action, challenged a prejudgment order prohibiting her from transferring assets without notice to the plaintiffs. The Florida appellate court granted her petition for certiorari, finding the trial court lacked authority to issu
• Bakst v. Marks (In Re Marks)
  131 B.R. 220· S.D. Fla.· 1991-08-29 ·cited 10×
  The court held that Florida Statute § 222.21(2)(a) could not be applied retroactively to exempt assets that creditors had a vested interest in prior to the statute's effective date.
• J.B. Haralson v. The E.F. Hutton Grp., Inc.
  919 F.2d 1014· 5th Cir.· 1990-12-26 ·cited 10×
  The court held that while summary judgment was appropriate for some claims, triable issues of fact remained regarding certain securities fraud, breach of contract, tortious interference, and civil conspiracy claims, requiring reversal and remand.
• In re Adelle M. Sherk v. Tex. Bankers Life & Loan Ins. Co.
  918 F.2d 1170· 5th Cir.· 1990-12-11 ·cited 10×
  The court held that a claim for fraudulent transfer of a homestead property belongs to the bankruptcy trustee and is property of the estate, thus a state court suit alleging such a transfer violates the automatic stay. However, the court reversed the imposition of sanctions, find
• In re Hulm v. Hulm
  738 F.2d 323· 8th Cir.· 1984-07-05 ·cited 10×
  A mortgage foreclosure under North Dakota law effects a transfer of a debtor's interest in property under 11 U.S.C. § 548(a), and the price received at such a sale does not automatically constitute reasonably equivalent value without an evidentiary hearing.
• Clay v. Traders Bank OF Kan. City
  708 F.2d 1347· 8th Cir.· 1983-06-08 ·cited 10×
  The court held that the debtors were insolvent when the deed of trust was executed, making it a voidable preference, but remanded for determination of whether a $125,000.00 debt was an antecedent corporate debt.
• Sparks v. State
  256 So. 2d 537· Fla. 4th DCA· 1972-01-14 ·cited 10×·via Fraudulent Sale
  Samuel Sparks was convicted of three securities violations arising from a single transaction. The appellate court affirmed convictions for selling unregistered securities and operating as an unregistered dealer, but reversed the conviction for fraudulent sale because the evidence
• Cole Madsen v. Bumb
  419 F.2d 4· 9th Cir.· 1969-11-19 ·cited 10×
  The court held that the district court did not abuse its discretion in denying the motion to set aside the default judgment, as the defendant failed to show good cause, excusable neglect, or a meritorious defense.
• Angus G. Wynne, Jr. v. Rochelle
  385 F.2d 789· 5th Cir.· 1967-07-31 ·cited 10×
  The court held that there is no conflict between its prior decision and the case cited by appellees, as the factual and legal principles involved are essentially different.
• Delia v. Commissioner OF Internal Revenue
  362 F.2d 400· 6th Cir.· 1966-06-22 ·cited 10×
  The court held that the petitioner was liable as a transferee for the corporation's unpaid income taxes, affirming the Tax Court's decision.
• United States v. Herr
  338 F.2d 607· 7th Cir.· 1964-10-27 ·cited 10×·via Fraudulent Sale
  The court held that the distributor agreements constituted investment contracts and that the defendants' representations and scheme to defraud were supported by sufficient evidence, affirming their convictions.
• Saper v. Hewitt S. West, Jr.
  263 F.2d 422· 2d Cir.· 1959-02-04 ·cited 10×
  The trustee in bankruptcy cannot recover funds distributed by a state court judgment, as the transfer occurred when the funds were deposited with the court clerk, and the bankrupt was not insolvent at that time.
• Major Appliance Co., Inc. v. Hupp Corp.
  254 F.2d 503· 5th Cir.· 1958-04-08 ·cited 10×
  The court held that the corporation assumed the liabilities of the proprietorship based on the bill of sale construed in light of surrounding circumstances and the parties' subsequent conduct.
• Republic Nat'l Bank OF Dallas v. Robert G. Vial for The Ronston Corp.
  232 F.2d 785· 5th Cir.· 1956-04-19 ·cited 10×
  The court held that the bank's lien on accounts receivable collections was not valid because the accounts were not in existence when the notice of assignment was filed, and the Bankruptcy Act denies equitable liens where legal liens are not perfected. The court also modified the
• Landers Frary & Clark v. Vischer Prods. Co.
  201 F.2d 319· 7th Cir.· 1953-01-22 ·cited 10×·via Action To Set Aside Fraudulent Conveyance
  A creditor can maintain an action for declaratory judgment and coercive relief to set aside fraudulent transfers of assets, even if the debt is not yet due and before obtaining a judgment and execution.
• Giffin v. Vought
  175 F.2d 186· 2d Cir.· 1949-05-20 ·cited 10×
  The court held that the bankruptcy referee's findings in the first proceeding were res judicata and that the wife's claims were properly expunged and the property deemed assets of the bankrupt estate.
• Megdall v. Scott Corp.
  40 So. 2d 139· Fla.· 1949-04-08 ·cited 10×
  This case involves a realtor suing a dissolved corporation and its former stockholders for an unpaid commission. The appellate court reversed the dismissal of the suit, finding that equity has jurisdiction to hear the claim due to alleged fraud and the corporation's dissolution w
• Hollingsworth v. Arcadia Citrus Growers Ass'n
  122 Fla. 90· Fla.· 1934-06-07 ·cited 10×
  In this 1934 Florida case, the court upheld a decree allowing creditors to reach promissory notes allegedly gifted by a deceased debtor to his wife, finding that the notes remained estate property because the debtor lacked sufficient assets to make valid voluntary conveyances whi
• Solomon F. Shad v. Livingston
  31 Fla. 89· Fla.· 1893-01-01 ·cited 10×·via Action To Set Aside Fraudulent Conveyance
  In this mortgage foreclosure case, the Florida Supreme Court affirmed a decree holding that a bill of sale, absolute on its face, constituted a valid mortgage when executed in connection with a loan. The court rejected the debtor's claim that the instrument was merely nominal and
• Abdo v. Khalil Abdo
  263 So. 3d 141· Fla. 2d DCA· 2018-12-21 ·cited 9×
  The second amended complaint failed to allege sufficient jurisdictional facts to establish Florida's personal jurisdiction over SMLL and SMIL under section 48.193 or the alter ego theory of long-arm jurisdiction. The complaint did not adequately plead that SMLL and SMIL committed
• Branch Banking & Tr. Co. v. ARK Development/Oceanview, LLC
  150 So. 3d 817· Fla. 4th DCA· 2014-10-08 ·cited 9×
  Branch Banking and Trust Company appealed the trial court's summary judgment dissolving a writ of garnishment on a bank account owned by Amy Kodsi, the non-debtor wife of judgment debtor Joseph Kodsi. The Fourth District Court of Appeal affirmed, holding that Amy was the sole leg
• Calarese v. Weissfisch
  87 So. 3d 1225· Fla. 3d DCA· 2012-05-23 ·cited 9×
  The court held that the judgment creditor failed to demonstrate no genuine issues of material fact and entitlement to judgment as a matter of law regarding the fraudulent transfer of property.
• Diaz-Verson v. Walbridge Aldinger Co.
  54 So. 3d 1007· Fla. 2d DCA· 2010-12-29 ·cited 9×
  Diaz-Verson sought a protective order to prevent discovery of his personal financial information through subpoenas issued by Walbridge in a construction fraud case. The court held that personal financial information is discoverable only if relevant to the issues framed by the ple
• Paragon Health Servs., Inc. v. Cent. Palm Beach Cmty. Mental Health Ctr., Inc.
  859 So. 2d 1233· Fla. 4th DCA· 2003-11-12 ·cited 9×
  Paragon Health Services, as assignee of a judgment creditor, appealed a summary judgment dismissing its fraudulent transfer claims against corporate officers and their wives under Florida's Uniform Fraudulent Transfer Act. The court affirmed dismissal of claims based on anteceden
• Bankfirst v. UBS Paine Webber, Inc.
  842 So. 2d 155· Fla. 5th DCA· 2003-02-14 ·cited 9×
• Harpley v. A.G. Edwards & Sons
  268 B.R. 620· M.D. Fla.· 2001-10-15 ·cited 9×
  The court held that 11 U.S.C. § 548(d)(2)(B) does not protect a commodity broker from liability for receiving a fraudulent transfer when the debtor's funds were used for a personal trading account of the debtor's principal, not for the debtor's own benefit or obligation. The cour