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

• Uoweit, LLC v. Fleming
  300 So. 3d 1201· Fla. 4th DCA· 2020-07-22 ·cited 6×
  Claims under the Uniform Fraudulent Transfer Act brought in a proceeding supplementary under section 56.29, Florida Statutes, are subject to the limitation period in section 726.110, not the traditional life-of-judgment period. The 2014 and 2016 amendments to section 56.29 expres
• Yaralli v. Am. Reprographics Co., LLC
  165 So. 3d 785· Fla. 4th DCA· 2015-05-27 ·cited 6×
  Yaralli, a minority shareholder in Digiplot, appeals summary judgment dismissing his claims for fraudulent transfer and civil conspiracy against American Reprographics Company (ARC). The appellate court reverses, finding genuine issues of material fact regarding whether ARC recei
• Kingston Corp. Grp. OF Fla., Inc. v. Richard Kleiber Walter Kleiber P'ship
  127 So. 3d 802· Fla. 2d DCA· 2013-11-27 ·cited 6×
  In proceedings supplementary to collect a judgment debt, the trial court awarded attorney's fees and costs against both the original judgment debtor (KCGF) and impleaded parties alleged to have received fraudulently transferred assets. The appellate court affirmed the fee award a
• Norberto Sanchez v. Renda Broad. Corp.
  127 So. 3d 627· Fla. 5th DCA· 2013-11-15 ·cited 6×
  The court held that proceedings supplementary under section 56.29, Florida Statutes, do not require a judgment creditor to allege a fraudulent transfer to pierce the corporate veil and implead a third party.
• THE Florida BAR v. Draughon
  94 So. 3d 566· Fla.· 2012-06-28 ·cited 6×
  The Florida Bar disciplined attorney Richard Scott Draughon for fraudulently transferring residential property from a corporation he created (NLMC) to himself without consideration, thereby depriving the property's original seller of the opportunity to collect a debt. The Florida
• Sec. & Exch. Comm'n v. Solow
  682 F. Supp. 2d 1312· S.D. Fla.· 2010-01-22 ·cited 6×
  The court found the defendant in civil contempt for failing to comply with the final judgment, as his claimed inability to pay was self-created through dissipation of assets.
• Orchid Island Props., Inc. v. W.G. Mills
  889 So. 2d 142· Fla. 4th DCA· 2004-12-01 ·cited 6×
  Orchid Island Properties filed a second petition for writ of mandamus seeking to compel the trial court to enter a final judgment of dismissal in lieu of filing a voluntary dismissal as required by a mediated settlement agreement. The appellate court denied the petition, holding
• Sherrie Marbin v. Cohen
  789 So. 2d 1193· Fla. 4th DCA· 2001-07-18 ·cited 6×
  In a divorce proceeding where the husband died pending dissolution, the wife filed a lis pendens against property owned by a corporation in which the husband held a shareholder interest. The estate's representative challenged the lis pendens, and the court held that because the a
• Nat'l Union Fire Ins. Co. of Pittsburgh, PA v. Grusky
  763 So. 2d 1206· Fla. 3d DCA· 2000-04-19 ·cited 6×
  National Union Fire Insurance Company appeals a summary judgment in favor of Lawrence Grusky, challenging the trial court's application of res judicata and standing doctrines to bar National Union's fraudulent transfer action under Florida's Uniform Fraudulent Transfer Act. The c
• Shelman Morse v. Kohl, Metzger, Spotts, P.A.
  725 So. 2d 436· Fla. 4th DCA· 1999-02-03 ·cited 6×
  The court reversed an order denying a motion to dissolve a post-judgment garnishment of a joint bank account held by spouses as tenants by the entirety. The court held that when a bank signature card expressly designates an account as held by tenants by the entirety, the account
• Huntsman Packaging Corp. v. Kerry Packaging Corp.
  992 F. Supp. 1439· M.D. Fla.· 1998-02-03 ·cited 6×
  The court held that the transfer of Kerry's assets was a fraudulent transfer under Florida law because it was done with actual intent to defraud creditors and for less than reasonably equivalent value, and that the defendants engaged in civil conspiracy to effectuate this fraudul
• Snyder v. Dinardo
  700 So. 2d 726· Fla. 2d DCA· 1997-09-19 ·cited 6×
  The Snyders challenge a judgment for Virginia Dinardo holding that George Snyder fraudulently transferred $90,000 into real property titled to Karen Snyder to avoid a judgment creditor. The appellate court reverses, finding the escrow agreement established a valid tenancy by the
• Burtman v. Porchester Holdings, Inc., John H. Faro, P.A.
  680 So. 2d 631· Fla. 4th DCA· 1996-10-16 ·cited 6×
  In this interpleader action, the court reversed the lower court's denial of attorney's fees and costs based on an offer of judgment, holding that section 768.79, Florida Statutes, applies to interpleader actions involving competing claims to funds, even when the funds constitute
• Snellgrove v. N.F. Fogazzi
  616 So. 2d 527· Fla. 4th DCA· 1993-03-24 ·cited 6×
  The court reversed a summary judgment dismissing a fraudulent transfer claim, holding that the Florida Uniform Fraudulent Transfer Act (FUFTA) cannot be applied retroactively to transfers made before its January 1, 1988 effective date. The issue was whether FUFTA's statute of lim
• Pate v. United States
  982 F.2d 457· 10th Cir.· 1993-01-04 ·cited 6×
  The court held that the Government's litigation position was not substantially justified, entitling Property Owners to seek litigation costs, but they must also meet the net worth requirement.
• In re Graven v. Fink
  936 F.2d 378· 8th Cir.· 1991-06-25 ·cited 6×
  A bankruptcy court may convert a Chapter 12 case to Chapter 7 upon a showing of fraud, even if the debtor has moved for voluntary dismissal under § 1208(b), because the purpose of the Bankruptcy Code is to protect honest debtors, not those who exploit the system.
• Thompson v. Davor G. Gjivoje
  896 F.2d 716· 2d Cir.· 1990-02-20 ·cited 6×
  The court affirmed summary judgment on the commissions claim, finding no contractual basis for payment, but reversed summary judgment on the profit-sharing claim, finding a genuine issue of material fact regarding the MasterCard project's assignment.
• MacHado v. Foreign Trade, Inc.
  537 So. 2d 607· Fla. 3d DCA· 1988-11-22 ·cited 6×
  The court reversed the trial court's denial of a motion to discharge a lis pendens filed in an impleader action for fraudulent transfer, holding that a lis pendens cannot attach to unspecified properties and that even if properties were specified, a bond would be required.
• Nelson v. Spiegel
  529 So. 2d 311· Fla. 4th DCA· 1988-07-20 ·cited 6×
  The Nelsons appealed a trial court decision that upheld a fraudulent transfer claim under Florida's supplemental relief statute. The court affirmed, finding that the Nelsons' transfer of corporate assets (a sublease) to themselves as sole stockholders constituted a fraudulent tra
• In re Ozark Rest. Equip. Co. Inc. Jill R. Jacoway v. Anderson
  850 F.2d 342· 8th Cir.· 1988-06-17 ·cited 6×
  The court held that the bankruptcy court clearly erred in requiring a thirty percent markup for reasonably equivalent value, and that the record supports only a twenty percent markup. The court also affirmed the district court's decision regarding preferences and personal liabili
• Allright Mo., Inc. v. Billeter
  829 F.2d 631· 8th Cir.· 1987-09-16 ·cited 6×
  The court held that limited partners have the capacity to bring derivative suits under Missouri law and that Allright adequately complied with federal procedural rules for such suits. However, the court affirmed the dismissal of the RICO claim for failure to allege a pattern of r
• Albert v. Hartford Nat'l Bank & Tr. Co.
  423 So. 2d 1027· Fla. 4th DCA· 1982-12-29 ·cited 6×
  The Fourth District Court of Appeal affirmed a trial court's order compelling production of documents in aid of execution where a bank sought to enforce a domesticated Connecticut judgment against a deceased debtor's estate. The court held that discovery in aid of execution may p
• Cissell v. Am. Home Assurance Co.
  521 F.2d 790· 6th Cir.· 1975-09-09 ·cited 6×
  A trustee in bankruptcy lacks standing to sue an insurer on behalf of creditors for claims not yet reduced to judgment against the bankrupt insured, as such a cause of action does not vest in the trustee.
• Grant M. Prisbrey in Bankruptcy of the Estate of DeWayne Iverson v. Noble
  505 F.2d 170· 10th Cir.· 1974-11-05 ·cited 6×
  The court held that the transfer of stock was voidable as a fraudulent transfer and a preference, and the trustee succeeded to the rights of a bona fide purchaser for the benefit of the estate.
• Brown & Williamson Tobacco Corp. v. First Nat'l Bank OF Blue Island
  504 F.2d 998· 7th Cir.· 1974-10-21 ·cited 6×
  A perfected security interest in collateral continues in identifiable proceeds, even if commingled in a bank account, and the transferee bank can be held liable if the transfer is outside the ordinary course of business.
• Seaton v. Ruth Sills in Bankr. of Catfish King, Inc.
  403 F.2d 710· 5th Cir.· 1968-11-01 ·cited 6×
  The court held that a $15,000 payment from a corporation to the owner's former wife was a fraudulent transfer under the Bankruptcy Act.
• Senchal v. Carroll
  394 F.2d 797· 10th Cir.· 1968-05-23 ·cited 6×
  The court held that the trial court correctly denied the appellants' request for a jury trial and correctly refused to disqualify the judge.
• United Milk Prods. Co. v. Lawndale Nat'l Bank OF Chicago
  392 F.2d 876· 7th Cir.· 1968-02-29 ·cited 6×
  The court held that the district court did not err in dismissing all four counts of the complaint, as the alleged negligence of the bank was not the proximate cause of the plaintiff's injury.
• Rice v. Matthews
  342 F.2d 301· 5th Cir.· 1965-03-11 ·cited 6×
  The court held that the transaction did not constitute a fraudulent transfer or concealment of assets sufficient to deny a bankruptcy discharge, as the debtor had no clear property interest and the proceeds were made available to creditors.
• Gilmer v. Bankruptcy
  332 F.2d 541· 4th Cir.· 1964-05-25 ·cited 6×
  The court held that the $260,000 deed of trust was not a fraudulent transfer because the referee's finding of no intent to hinder, delay, or defraud creditors was supported by substantial evidence, and Gilmer acted in good faith. However, the court affirmed the lower court's deci
• Leaf v. Commissioner OF Internal Revenue
  295 F.2d 503· 6th Cir.· 1961-10-19 ·cited 6×
  The court held that corporate funds diverted by a corporate officer to his own use, while the corporation was insolvent, constitute taxable income to the officer.
• Kornberg v. Krupka
  118 So. 2d 790· Fla. 3d DCA· 1960-03-17 ·cited 6×
  A judgment debtor appealed an order in supplementary proceedings that subjected real and personal property held as tenancies by the entireties with his wife to execution on his judgment debt. The court reversed, holding that the debtor's wife, whose property interests would be af
• Roberts v. Henry V. Dick & Co., Inc.
  275 F.2d 943· 4th Cir.· 1960-03-08 ·cited 6×
  The court held that the nature of the debts (joint or several) must be determined before deciding if entirety property passes to the trustee and affects discharge.
• In re United Wholesalers, Inc. v. Wis. Valley Tr. Co. in Bankr. for United Wholesalers, Inc.
  274 F.2d 316· 7th Cir.· 1960-02-01 ·cited 6×
  The court held that warehouse receipts issued within one year of bankruptcy, under a purported field warehouse arrangement where actual control remained with the bankrupt, were void as a fraudulent transfer under § 67(d)(2) of the Bankruptcy Act.
• Hartman v. Lauchli
  238 F.2d 881· 8th Cir.· 1956-11-02 ·cited 6×
  The court held that the trustee failed to prove essential elements for claims based on fraudulent transfers to subsequent creditors without showing insolvency or fraudulent intent, and that director liability statutes require existing debts. The judgment on Count 6 was reversed.
• In re Cesari v. Gorey
  217 F.2d 424· 7th Cir.· 1954-12-02 ·cited 6×
  The court held that the referee's findings were not sufficiently specific to support the conclusion that the transfer was voidable under the Bankruptcy Act, and that the trustee could not recover from Standard Oil under the Bulk Sales Act as Standard was not the transferee.
• Peckham v. Fam. Loan Co.
  212 F.2d 100· 5th Cir.· 1954-04-22 ·cited 6×
  The court held that the petition for intervention should have been allowed, as the intervenor presented a sufficient claim to be heard on the merits.
• Tyler State Bank & Tr. Co. v. Bullington
  179 F.2d 755· 5th Cir.· 1950-01-30 ·cited 6×
  The court held that the unrecorded security interest was a preferential transfer under the Bankruptcy Act, but reversed on the issue of the value of the repossessed radios.
• Swift & Co. Packers v. Compania Colombiana del Caribe
  175 F.2d 513· 5th Cir.· 1949-05-30 ·cited 6×
  The court held that the attachment of the vessel was properly vacated because libelants failed to show it was the property of the respondent, and that the court lacked jurisdiction for a pre-judgment claim against a new corporation for alleged fraudulent transfer of assets.
• Schwartz v. Seldon
  153 F.2d 334· 2d Cir.· 1945-12-28 ·cited 6×
  The court denied the petition for rehearing, finding that even with the correct statute applied, the result would not change.
• United States Fid. & Guar. Co. v. Mills
  146 F.2d 694· 4th Cir.· 1944-12-18 ·cited 6×·via Action To Set Aside Fraudulent Conveyance
  Parol evidence is admissible to establish a resulting trust, even if it contradicts the deed, to show that a conveyance was not fraudulent as to creditors.
• Milens v. Bostian (two cases)
  139 F.2d 282· 8th Cir.· 1943-12-28 ·cited 6×
  The bankruptcy court lacked summary jurisdiction to order the turnover of estate property held by an administrator, especially when the bankrupt had no possession and the right to the property depended on unsettled state law.
• Brady v. Games
  128 F.2d 754· D.C. Cir.· 1942-06-08 ·cited 6×·via Action To Set Aside Fraudulent Transfer
  The court held that the allegations of fraud in the transfer were sufficient and that the evidence supported the jury's finding of fraudulent intent, but modified the judgment to avoid the transfer only as against the appellee.
• In re W. Produce Corp.
  118 F.2d 274· 2d Cir.· 1941-03-17 ·cited 6×
  The court held that the trustee failed to prove possession or control of diverted assets, and that certain payments were preferential but not voidable. The objection to summary jurisdiction over the Buick was untimely.
• Staudenmaier v. Johnson
  117 F.2d 397· 7th Cir.· 1941-02-06 ·cited 6×
  The court held that the purported stock transfers were colorable and fraudulent, and the defendants remained the actual owners subject to stock assessment liability.
• State v. Knott
  142 Fla. 728· Fla.· 1940-05-07 ·cited 6×·via Fraudulent Sale
  The Florida Supreme Court held that a contract for the sale of land coupled with an agreement for the seller to develop the land by planting and cultivating tung trees did not constitute a "dealing in securities" under the Uniform Sale of Securities Act. The court found that the
• Peyton v. Grant
  S.D. Fla.· 2026-02-06 ·cited 5×
  David Peyton successfully moved for summary judgment against Eric Grant's counterclaims arising from a business dispute over Nexxt Gen Corporation, with Peyton denying that he diverted company business, customers, or funds to his own entity NGVSAT. The court granted Peyton summar
• Wurtzebach v. Flooring Depot FTL, Inc.
  384 So. 3d 251· Fla. 4th DCA· 2024-02-21 ·cited 5×
  The appellate court reversed a lower court's decision that barred a fraudulent transfer claim based on res judicata and collateral estoppel. The court held that a fraudulent transfer claim under the Florida Uniform Fraudulent Transfer Act is distinct from common law fraud and pie
• THE Macdougald Fam. Ltd. P'ship, LLP v. Rays Baseball Club, LLC
  371 So. 3d 988· Fla. 2d DCA· 2023-09-15 ·cited 5×
  This case involved an appeal by Highwoods Realty Limited Partnership against American Integrity Insurance Company of Florida and Reliaquest, LLC. The appellate court affirmed the lower court's decision without providing detailed reasoning.
• Nieto Villamizar v. Luna Cap. P'rs
  43 Fla. L. Weekly D900· Fla. 3d DCA· 2018-10-24 ·cited 5×
  An unrelated buyer who purchases property at arm's length and for reasonably equivalent value is not liable in proceedings supplementary, even if aware of the seller's unsecured debts, absent evidence of actual intent to hinder, delay, or defraud creditors or that the transaction