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

• In re Dierschke v. O'Cheskey
  975 F.2d 181· 5th Cir.· 1992-10-19 ·cited 9×
  The court held that a willful failure to answer can be sufficient grounds to deny a motion to set aside a default, and that a party may be awarded attorney's fees even if not requested in the complaint if they had notice and an opportunity to be heard on the award.
• Cohen v. Bucci
  905 F.2d 1111· 7th Cir.· 1990-06-28 ·cited 9×
  A debtor's finding of fraudulent transfer in an avoidance proceeding has preclusive effect in a subsequent discharge denial proceeding, even if the debtor lacked incentive to litigate the initial action.
• J.D. Pharm. Distribs., Inc. v. Save-On Drugs & Cosmetics Corp.
  893 F.2d 1201· 11th Cir.· 1990-02-06 ·cited 9×
  The court held that Sonia Thuna and Farmedics of California, Inc. did not receive adequate notice of discovery requests and the summary judgment motion, thus reversing the judgment against them. Martin Thuna's appeal was affirmed as he received notice and failed to respond, and t
• In re C.H. Butcher, Jr. v. First Nat'l Bank OF Louisville
  829 F.2d 596· 6th Cir.· 1987-09-23 ·cited 9×
  A bankruptcy court lacks jurisdiction to hear a preferential or fraudulent transfer action if the complaint is not filed within the two-year statute of limitations provided by 11 U.S.C. § 546(a), and Bankruptcy Rule 9006(a) does not extend this period.
• Ellis Sarasota Bank & Tr. Co. v. Nevins
  409 So. 2d 178· Fla. 2d DCA· 1982-01-29 ·cited 9×
  The court held that wages are not exempt from garnishment after being paid by the employer, and a deposit into an entireties account may constitute a fraudulent transfer if proven fraudulent.
• Mane FL Corp v. Cale Beckman
  355 So. 3d 418· Fla. 4th DCA· 2023-01-04 ·cited 8×
  The appellate court affirmed a summary judgment ruling that a transfer of a condominium unit to Mane FL Corp. was a fraudulent transfer under Florida's Uniform Fraudulent Transfer Act. The court found that seven "badges of fraud" supported the conclusion that the transfer was mad
• Inglis v. Casselberry
  200 So. 3d 206· Fla. 2d DCA· 2016-07-15 ·cited 8×
  Trustees of family trusts sought certiorari review of a trial court order compelling production of documents relating to trust distributions to the trustees' adult children in postjudgment supplementary proceedings by a former wife seeking to collect alimony from her ex-husband.
• Moffatt & Nichol, Inc. v. B.E.A. Int'l Corp., Inc.
  48 So. 3d 896· Fla. 3d DCA· 2010-10-20 ·cited 8×
  Moffatt & Nichol, a judgment creditor, appealed the denial of its motion for proceedings supplementary against B.E.A. International Corporation after BEAI made a statutory assignment for the benefit of creditors. The court held that under Florida's 2007 amendments to Chapter 727,
• Wiand v. Waxenberg
  611 F. Supp. 2d 1299· M.D. Fla.· 2009-03-19 ·cited 8×
  The court granted summary judgment for the defendant on constructive fraud claims for return of principal and on unjust enrichment claims for transfers from specific accounts, but denied summary judgment on other claims due to disputed issues of material fact.
• Lewis B. Freeman for NorthAmerican Fin. Servs., Inc. v. Dean Witter Reynolds, Inc.
  865 So. 2d 543· Fla. 2d DCA· 2003-12-19 ·cited 8×
  A receiver for a Ponzi scheme corporation (NorthAmerican) and its individual customers appealed the dismissal of their complaint against Dean Witter Reynolds, a broker-dealer employee, and a law firm. The court held that the receiver lacked standing to pursue claims on behalf of
• Mason v. E. Speer & Assocs., Inc.
  846 So. 2d 529· Fla. 4th DCA· 2003-02-05 ·cited 8×
  Charles Mason, a former employee of E. Speer & Associates, Inc., sued to recover an unsatisfied judgment against the company after it declared bankruptcy. Mason pursued multiple theories—as a creditor under piercing the corporate veil and mere continuation doctrines, and as assig
• Levin v. Ethan Allen, Inc.
  823 So. 2d 132· Fla. 4th DCA· 2002-04-17 ·cited 8×
  Ethan Allen sought to recover a judgment against Georgetown Manor by challenging fraudulent transfers of real property made by the Levins (Georgetown's owners) during the appeal of a tortious interference lawsuit. The court affirmed the finding of fraudulent transfer regarding th
• Varveris v. Alberto M. Carbonell, P.A.
  773 So. 2d 1275· Fla. 3d DCA· 2000-12-27 ·cited 8×
  Marie Varveris appeals a judgment ordering sale of her property in proceedings supplementary to execution. The Third District Court of Appeal reverses because Marie was not properly served or impleaded as a defendant, violating her due process rights to a full and fair hearing.
• THE Florida BAR v. Klein
  774 So. 2d 685· Fla.· 2000-12-07 ·cited 8×
  The Florida Supreme Court disbarred attorney Edward Klein for cumulative ethical violations spanning multiple years, including incompetent representation, forum shopping, filing frivolous litigation in violation of court injunctions, failure to comply with discovery orders, and o
• Sackett v. Shahid
  722 So. 2d 273· Fla. 1st DCA· 1998-12-28 ·cited 8×
  In a supplementary proceeding to collect a judgment, the trial court found that corporate stock in Shoreline Realty was jointly owned by husband and wife as tenants by the entireties, making it exempt from levy. The appellate court reversed, holding that corporate formalities and
• Nat'l Env't Prods., Ltd., Inc. v. Falls
  678 So. 2d 869· Fla. 4th DCA· 1996-08-21 ·cited 8×
  National Environmental Products appeals an award of attorney's fees under Florida Statute § 57.105 granted by the trial court. The appellate court reversed the award, holding that the prevailing party's motion for section 57.105 fees filed nineteen months after judgment and six m
• Dusoe v. Securis Int'l, Inc.
  672 So. 2d 89· Fla. 1st DCA· 1996-04-19 ·cited 8×
  Securis International sought recovery from George and Veronica Dusoe for amounts allegedly owed by their wholly-owned corporation, Security Management, based on fraudulent transfers in violation of Florida's fraudulent transfer statute. The trial court found liability on the frau
• In re Baker & Getty Fin. Servs., Inc. v. Carl D. Rafoth for Baker & Getty Fin. Servs., Inc.
  974 F.2d 712· 6th Cir.· 1992-09-02 ·cited 8×
  The court held that Cordek was a principal maker of the note, not an accommodation maker, and affirmed that the Bank's claim should not be equitably subordinated. The court also affirmed the recovery of preferential transfers, holding that the preference period is calculated from
• Allied Indus. Int'l, Inc. v. Agfa-Gevaert, Inc.
  688 F. Supp. 1516· S.D. Fla.· 1988-05-13 ·cited 8×
  The court held that a successor corporation and individuals who received assets from a judgment debtor could be held liable for the judgment debt under Florida's supplementary proceedings statute, based on alter ego, fraudulent transfer, and breach of fiduciary duty theories.
• In re Harbour v. Perkinson
  840 F.2d 1165· 4th Cir.· 1988-03-02 ·cited 8×
  The dissenting judge held that the Perkinsons are entitled to a trial by jury because the trustee's claims, both under federal law for preferences and fraudulent transfers and under state law for voluntary conveyances, are historically legal actions seeking money judgments.
• Smith v. Mixon
  788 F.2d 229· 4th Cir.· 1986-04-11 ·cited 8×
  The court held that the term 'knowledge' in 11 U.S.C. § 550(b)(1) refers to actual notice, not constructive notice, and therefore the trustee could not recover property from a good faith subsequent transferee who lacked actual knowledge of the transfer's voidability.
• Colonial Leasing OF NEW England, Inc. v. Logistics Control Int'l
  770 F.2d 479· 5th Cir.· 1985-09-09 ·cited 8×
  The court held that a new trial should encompass all issues essential to establishing a claim under the Texas Fraudulent Transfer Act, not just the plaintiff's creditor status, due to the interwoven nature of the issues.
• In re Gervich v. Shepard
  570 F.2d 247· 8th Cir.· 1978-01-18 ·cited 8×
  The court held that a transfer of property from a husband to himself and his wife as tenants by the entirety, made in exchange for payments that benefited both, was a fraudulent transfer voidable by the trustee because the wife provided insufficient consideration.
• In re O'Bannon v. Phelps
  484 F.2d 864· 10th Cir.· 1973-09-17 ·cited 8×
  The court held that attorney fees paid by individuals for a corporation's bankruptcy were a fraudulent transfer lacking fair consideration, but fees paid by individuals for their own bankruptcies were subject to examination under § 60(d) and reasonable amounts were affirmed.
• P & T Elec. Co., Inc. v. Spadea
  227 So. 2d 234· Fla. 4th DCA· 1969-10-15 ·cited 8×
  The court held that the lower court did not err in granting summary judgment for the defendants because their bankruptcy discharges extinguished the New York judgments, and the plaintiff failed to present sufficient evidence of fraud to overcome the discharge.
• In re Halpern
  387 F.2d 312· 2d Cir.· 1968-01-03 ·cited 8×
  The court held that the bankrupt's failure to keep personal financial records was justified under the circumstances, and an isolated incident of attempted fraud did not warrant denial of discharge.
• Tower Credit Corp. v. State
  187 So. 2d 923· Fla. 4th DCA· 1966-06-16 ·cited 8×·via Fraudulent Sale
  The Florida Securities Commission sought to enjoin and appoint a receiver over multiple loan companies and individuals for fraudulent securities practices. The court affirmed the trial court's denial of defendants' motion to dissolve the temporary restraining order and vacate the
• Nicholas Cavalliotis in Bankr. of Supreme Navigation Corp. v. Salomon
  357 F.2d 157· 2d Cir.· 1966-03-03 ·cited 8×
  The court held that the District Court had the power under Rule 60(b)(6) to vacate a prior dismissal order when the plaintiff lacked notice of the dismissal.
• Levine v. Bankruptcy
  287 F.2d 623· 5th Cir.· 1961-02-09 ·cited 8×
• United Towing Co. v. Phillips
  242 F.2d 627· 5th Cir.· 1957-04-05 ·cited 8×
  A transfer of stock by an insolvent corporation to another corporation with common directors, for inadequate consideration and with intent to defraud creditors, is void as a fraudulent conveyance under state law and the Bankruptcy Act.
• Gardner v. Johnson
  195 F.2d 717· 9th Cir.· 1952-03-22 ·cited 8×·via Action To Set Aside Fraudulent Conveyance
  A bankrupt waives their right to a homestead exemption by failing to schedule the property and by conveying it, even if the conveyance is later set aside as fraudulent.
• Chorost v. Grand Rapids Factory Show Rooms, Inc.
  172 F.2d 327· 3d Cir.· 1949-01-20 ·cited 8×
  The court held that individual defendants who were knowing participants in a fraudulent transfer cannot shield themselves from liability using the corporate fiction or the Bankruptcy Act's bona fide purchaser exception.
• Gilhart v. Gilhart
  155 Fla. 562· Fla.· 1945-02-16 ·cited 8×
  The Florida Supreme Court reversed a lower court's order that quashed constructive service and dismissed a suit against two defendants. The court held that the defendants' special appearance, which included arguments on the merits of the case, constituted a general appearance, th
• Emil v. Hanley
  130 F.2d 369· 2d Cir.· 1942-07-29 ·cited 8×
  The court held that the Bankruptcy Act amendments of 1938 did not grant bankruptcy courts exclusive jurisdiction over the accounts of a receiver appointed in a state court foreclosure action that commenced before the bankruptcy petition.
• Hoey v. Duncan U. Fletcher and John Wurts
  39 Fla. 325· Fla.· 1897-01-01 ·cited 8×·via Fraudulent Sale
  Fletcher & Wurts, attorneys, sued for libel against bondholders who published a circular letter accusing them of flagrantly violating their duties as attorneys by facilitating a fraudulent sale of property under a trust deed at an unconscionably low price. The Florida Supreme Cou
• Schleicher v. Walker
  28 Fla. 680· Fla.· 1891-06-01 ·cited 8×
  The Florida Supreme Court affirmed a jury verdict upholding the validity of a partnership asset transfer from one partner to another. The court held that when one partner voluntarily transfers his entire interest to a copartner for valuable consideration before partnership credit
• Rosenberg v. U.S. Bank, N.A.
  360 So. 3d 795· Fla. 3d DCA· 2023-05-03 ·cited 7×
  The fraudulent transfer remedy in Florida Statute section 56.29(3) is a distinct remedy from the Uniform Fraudulent Transfer Act, extends for the life of the judgment, permits entry of a money judgment as a remedy, and reaches both choses in action (including judgments) and funds
• Kvinta v. Kvinta
  277 So. 3d 1070· Fla. 5th DCA· 2019-06-28 ·cited 7×
  This case involves an appeal and cross-appeal concerning the equitable distribution of marital assets following a divorce. The appellate court affirmed in part and reversed in part, remanding for further proceedings, particularly regarding the consideration of tax consequences in
• Akin BAY Co., LLC v. VON Kahle
  180 So. 3d 1180· Fla. 3d DCA· 2015-12-09 ·cited 7×
  An assignee for the benefit of creditors under Florida law is bound by mediation and arbitration clauses in agreements between the assignor and third parties, even though the assignee was not a signatory to the agreement. The court reversed the trial court's denial of a motion to
• Fern P. Clarke v. Henderson
  74 So. 3d 112· Fla. 3d DCA· 2011-08-24 ·cited 7×
  The court held that the trial court applied the incorrect legal standard for reviewing a motion for judgment on the pleadings, and the complaint's allegations were sufficient to state a claim for relief.
• Clement v. Lipson
  999 So. 2d 1072· Fla. 5th DCA· 2008-11-21 ·cited 7×
  The court reversed the trial court's denial of a motion to dismiss for lack of personal jurisdiction over three non-resident managers of a Delaware LLC accused of selling fraudulent timeshare interests. The court held that the managers' actions were performed solely in their corp
• Willis v. RED Reef, Inc.
  921 So. 2d 681· Fla. 4th DCA· 2006-01-25 ·cited 7×
  The Willises and Giacomino appealed a judgment finding them liable for fraudulent transfers of corporate assets and imposing an equitable lien on the Willises' homestead property. The Fourth District Court of Appeal affirmed the fraudulent transfer liability but reversed the impo
• In re United Energy Corp. v. C.H. Rider & Fam.
  944 F.2d 589· 9th Cir.· 1991-09-13 ·cited 7×
  The court held that payments made by a debtor in a Ponzi scheme to investors can constitute reasonably equivalent value if they satisfy or reduce the investors' restitution claims arising from the fraudulent investment, and thus are not avoidable as fraudulent transfers.
• Free v. Briody
  793 F.2d 807· 7th Cir.· 1986-06-11 ·cited 7×
  The court held that attorney's fees are recoverable under ERISA for post-judgment collection efforts and that the district court erred in denying fees for a portion of those efforts.
• Burchinal v. United States
  342 F.2d 982· 10th Cir.· 1965-03-23 ·cited 7×
  The court held that there was sufficient evidence to sustain the jury's verdict for fraudulent transfer and false oath in contemplation of bankruptcy.
• Adelaide Donovan v. Armour & Co.
  160 Fla. 62· Fla.· 1948-01-20 ·cited 7×
  Adelaide Donovan and related entities appealed the denial of their motion to dismiss a creditor's bill filed by Armour & Company. The Florida Supreme Court held that the bill lacked sufficient equity because it alleged fraudulent transfers made over 14 years prior, the plaintiff
• Peter Barceloux Co. v. Buffum
  61 F.2d 145· 9th Cir.· 1932-09-08 ·cited 7×
  The court affirmed the lower court's decree in part, reversing only the portion that postponed the company's claims and sustained objections to the master's audit regarding specific bank stocks. The court found that equity courts have jurisdiction to render money judgments, that
• F & W Lawn Care & Landscaping, Inc. v. Cozart
  2023 WL 1071626· M.D. Fla.· 2025-08-22 ·cited 6×
  The court held that the magistrate judge did not err in denying Plaintiff's request for attorney's fees because the motion to compel was granted in part and denied in part, leaving the decision to award fees to the magistrate's discretion.
• Soneet R. Kapila v. Rjpt, Ltd
  357 So. 3d 241· Fla. 2d DCA· 2023-02-17 ·cited 6×
  The appellate court reversed a lower court's dismissal of a lawsuit for lack of personal jurisdiction. The court found that the defendant, RJPT, Ltd., had engaged in a business venture in Florida by repeatedly investing in and trading membership interests of a Florida company, LS
• Clampitt v. Wick
  320 So. 3d 826· Fla. 2d DCA· 2021-04-09 ·cited 6×
  The appellate court reversed a summary judgment against the Clampitts, finding the trial court erred in several key rulings. These included improperly precluding Mrs. Clampitt from opposing proceedings supplementary, incorrectly rejecting claimed exemptions for life insurance pol