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

• Gorrin Jr. v. Poker Run Acquisitions, Inc.
  237 So. 3d 1149· Fla. 3d DCA· 2018-01-31 ·cited 5×
  Summary judgment in fraudulent transfer cases is available only in extraordinary circumstances and is improper when genuine issues of material fact exist concerning the debtor's intent. The determination of credibility and the weighing of conflicting evidence is for the trier of
• Destination Boat Clubs, Inc. v. Island Breeze Boat Club & Rental Inc.
  226 So. 3d 301· Fla. 2d DCA· 2017-06-09 ·cited 5×
  The court held that attorney fees and costs were properly denied against an individual impleaded party but should have been awarded against the original judgment debtor in proceedings supplementary.
• Feldkamp v. Long Bay P'rs, LLC
  773 F. Supp. 2d 1273· M.D. Fla.· 2011-02-18 ·cited 5×·via Florida Uniform Fraudulent Transfer Act
  The court held that the country club's attempt to unilaterally suspend or amend the membership deposit refund policy was an unreasonable interpretation of the contract and impaired the members' vested contractual rights.
• Super Vision Int'l, Inc. v. Mega Int'l Commercial Bank Co.
  534 F. Supp. 2d 1326· S.D. Fla.· 2008-02-05 ·cited 5×
  The court held that the plaintiff failed to allege sufficient facts to establish the defendant bank's participation in the operation or management of the alleged RICO enterprise, thus dismissing the RICO claims.
• Roxann Peterson v. Therma Builders, Inc.
  958 So. 2d 977· Fla. 2d DCA· 2007-05-18 ·cited 5×
  Peterson appeals a summary judgment finding her civilly liable to Therma Builders for fraud-related claims and awarding $124,382.50 in damages, based on her criminal conviction for scheming to defraud. The court affirms liability but reverses and remands the damages calculation d
• Ming Props., Inc. v. Stardust Marine S.A.
  741 So. 2d 554· Fla. 4th DCA· 1999-07-28 ·cited 5×
  Ming Properties appealed a trial court's grant of summary judgment in favor of Stardust Marine in a fraudulent transfer case under Florida's Uniform Fraudulent Transfer Act. The court reversed, finding that material issues of fact remained regarding whether property held as tenan
• United States v. Sternberg (In Re Sternberg)
  229 B.R. 238· S.D. Fla.· 1998-11-12 ·cited 5×
  The Court of Appeals reversed the Bankruptcy Court's order, finding that the debtor's transfer of assets to his wife was a willful attempt to evade taxes, making the debt nondischargeable.
• Graef v. Hegedus
  698 So. 2d 655· Fla. 2d DCA· 1997-09-05 ·cited 5×
  Edward Graef sued for injuries from a 1992 automobile accident, adding Dames and Moore as a defendant based on a theory that it assumed predecessor FLDE's liabilities through either a de facto merger or fraudulent transfer. The trial court granted summary judgment for Dames and M
• Doyle Conner v. Cone
  235 So. 2d 492· Fla.· 1970-05-13 ·cited 5×·via Fraudulent Sale
  This case addresses whether Florida's prohibition on filled milk (milk with vegetable fat substitutes for milk fat) remains constitutional in light of the 1967 legalization of imitation milk products. The Florida Supreme Court held the filled milk prohibition unconstitutional as
• Livesay Indus., Inc. v. Livesay Window Co., Inc.
  305 F.2d 934· 5th Cir.· 1962-08-01 ·cited 5×
  The court held that the series of transactions by the directors of Livesay Window Company constituted legal fraud intended to defraud creditors, and reversed the lower court's decision to allow for complete relief to the judgment creditors.
• Denning v. Denning
  283 F.2d 748· 10th Cir.· 1960-11-01 ·cited 5×·via Action To Set Aside Fraudulent Conveyance
  The court held that the plaintiff's failure to effectively contest the garnishee's answer within the statutory period rendered the answer conclusive, barring a subsequent action to set aside the conveyance.
• Versace v. Uruven, LLC
  348 So. 3d 610· Fla. 4th DCA· 2022-10-12 ·cited 4×
  The appellate court reversed a lower court's decision to allow garnishment of a bank account. The court held that an account expressly designated as a tenancy by the entirety on the signature card is not subject to garnishment for an individual debt, based on precedent from Beal
• Amersham Enters., Inc. v. Hakim-Daccach
  333 So. 3d 289· Fla. 3d DCA· 2022-01-19 ·cited 4×
  This case involves a dispute over ownership interests in foreign corporations, with allegations of fraudulent divestment and conspiracy. The appellate court affirmed the lower court's denial of motions to dismiss for lack of personal jurisdiction and forum non conveniens, finding
• LB Judgment Holdings v. Boschetti
  271 So. 3d 115· Fla. 3d DCA· 2019-03-13 ·cited 4×
  This case involves a judgment creditor seeking to collect a large debt by filing notices of lis pendens against properties allegedly transferred fraudulently by the debtor. The appellate court reviewed several related orders, ultimately reversing the discharge of the lis pendens
• Abitbol v. Benarroch
  273 So. 3d 147· Fla. 3d DCA· 2019-02-20 ·cited 4×·via Florida Uniform Fraudulent Transfer Act
  The appellate court affirmed the trial court's dismissal of several counts in Monique Abitbol's complaint. The court found that Florida law does not recognize separate civil claims for the intentional dissipation of marital assets, and that such claims should be handled within th
• McCALLA v. E.C. Kenyon Constr. Co., Inc.
  183 So. 3d 1192· Fla. 1st DCA· 2016-01-15 ·cited 4×
  The McCallas won a judgment against a construction company for breach of contract and warranty violations, then sued to recover assets the company fraudulently transferred to avoid satisfying the judgment. The trial court dismissed the fraudulent transfer action, but the appellat
• Reiseck v. Universal Commc'ns of Miami, Inc.
  S.D. Fla.· 2015-08-18 ·cited 4×
  The court held that it possessed ancillary jurisdiction to conduct supplementary proceedings to enforce a judgment registered from another district, and that abstention in favor of a parallel state court action was not warranted.
• The Jarboe Fam. & Friends Irrevocable Living Tr. & Thomas R. Clark v. Spielman
  136 So. 3d 666· Fla. 2d DCA· 2014-01-17 ·cited 4×
  The Jarboe Family Trust and its trustee appealed the denial of their motion to dismiss an impleader complaint filed in proceedings supplementary. The court reversed, holding that Florida's long-arm statute and the Venetian Salami procedure, not merely the statutory requirements o
• The Tonnelier Constr. Grp., Inc. v. Shema
  48 So. 3d 163· Fla. 1st DCA· 2010-11-22 ·cited 4×
  The court held that the appellant waived or invited the alleged error regarding the appellees' failure to respond to allegations, and that the trial court's finding of no fraudulent intent was supported by sufficient evidence.
• Australia Mejia v. Ruiz
  985 So. 2d 1109· Fla. 3d DCA· 2008-05-14 ·cited 4×
  Australia Mejia appeals the denial of her claim in supplementary proceedings against two shareholders of a judgment debtor corporation that had sold all its assets and distributed proceeds to themselves after being served with her lawsuit. The court reverses, finding that the ass
• Ocean Bank v. State
  902 So. 2d 833· Fla. 1st DCA· 2005-03-31 ·cited 4×
  A claim to void a mortgage is a compulsory counterclaim in a pending mortgage foreclosure action and must be brought in the foreclosure action, not in a separate receivership proceeding. The receivership court therefore lacks jurisdiction to separately consider such a claim when
• Pompano Motor Co. v. Chrysler Ins. Co.
  875 So. 2d 754· Fla. 4th DCA· 2004-06-16 ·cited 4×
  Pompano Motor Company, a car dealership, sought insurance coverage under a Title Errors and Omissions Liability Endorsement after a bankruptcy trustee sued to recover vehicles improperly titled following a fraud scheme. The court affirmed the denial of coverage because Financial
• Kelly v. SabreTech Inc.
  984 F. Supp. 2d 1333· S.D. Fla.· 1999-07-19 ·cited 4×
  The court held that the class certification was appropriate under Rule 23, denying the motion to decertify, and granted in part motions to redefine and expand the class, while denying the motion for approval of the notice plan.
• Xavier J. Fernandez, P.A. v. SUN Bank OF Tampa BAY
  670 So. 2d 1106· Fla. 2d DCA· 1996-03-27 ·cited 4×
  Xavier J. Fernandez, P.A., a non-party to supplementary proceedings to enforce a judgment, appeals a temporary injunction that prohibited asset transfers. The court reversed because the written injunction order was inconsistent with the trial court's oral pronouncement that it wo
• Ameritrust Nat'l Bank v. Davidson (In Re Davidson)
  178 B.R. 544· S.D. Fla.· 1995-02-24 ·cited 4×
  The court held that the bankruptcy court properly denied Marian Davidson's discharge but erred in denying Walter Davidson's discharge and in overruling objections to the annuity exemption, remanding for further consideration of specific issues.
• Real Est. Corp. OF Fla., N.V. v. Dawn Developers, Inc.
  644 So. 2d 145· Fla. 5th DCA· 1994-10-21 ·cited 4×
  Real Estate Corporation of Florida (REC) appealed a trial court's order striking its renewed motion to implead third parties in supplementary proceedings, arguing the original denial of impleader was interlocutory and nonappealable. The Fifth District Court of Appeal held that or
• TKB Int'l, Inc. v. United States
  995 F.2d 1460· 9th Cir.· 1993-06-03 ·cited 4×
  Federal tax liens filed outside the direct chain of title are not valid against a subsequent purchaser who, through reasonable inspection of the index, would not discover the liens, even if the purchaser had actual knowledge of the liens.
• In re Sandor Chabot v. Sandor Chabot
  992 F.2d 891· 9th Cir.· 1993-04-16 ·cited 4×
  A junior judicial lien does not impair a debtor's homestead exemption if it does not diminish the exemption's value, and therefore cannot be avoided under 11 U.S.C. § 522(f).
• Elliott v. The M/V Lois B
  980 F.2d 1001· 5th Cir.· 1993-01-11 ·cited 4×
  The court held that the district court retained jurisdiction over the vessel in rem even after its release, and that Rule 11 sanctions were appropriate for attorney fees but not for the sale price of the vessel, and that sanctions against the attorney were unwarranted.
• Perrott v. Frankie
  605 So. 2d 118· Fla. 2d DCA· 1992-08-14 ·cited 4×
  The appellate court affirmed the trial court's finding that a father fraudulently transferred property to his daughter to avoid a judgment creditor but reversed the award of sale proceeds to the creditor, holding that the fraudulent conveyance did not sever the joint tenancy with
• In re Slack-Horner Foundries Co. v. Simons
  971 F.2d 577· 10th Cir.· 1992-07-28 ·cited 4×
  The court held that a trustee cannot avoid a tax deed transfer under 11 U.S.C. § 548 because the debtor's interest was transferred to the state, not directly to the tax sale purchaser, and the trustee failed to avoid the transfer from the debtor to the state.
• In re Jeffrey Bigelow Design Grp. v. First Am. Bank OF Md.
  956 F.2d 479· 4th Cir.· 1992-02-13 ·cited 4×
  The court held that the bankruptcy court did not abuse its discretion in denying the trustee's motion to amend the complaint, and that the payments were neither fraudulent transfers nor voidable preferences under the ordinary course of business exception.
• In re Muncrief v. MT. Prospect State Bank
  900 F.2d 1220· 8th Cir.· 1990-04-09 ·cited 4×·via Action To Set Aside Fraudulent Conveyance
  The court held that the district court's finding of debtor insolvency was not clearly erroneous, and the bankruptcy court clearly erred in finding the debtor solvent.
• In re Littleton v. Littleton
  888 F.2d 90· 11th Cir.· 1989-09-29 ·cited 4×
  The court held that a foreclosure sale price that is less than 70% of the property's fair market value is not automatically a fraudulent transfer under 11 U.S.C. § 548 if the application of the 70% rule would lead to an inequitable result, considering all facts and circumstances.
• United States v. Gahagan
  881 F.2d 1380· 6th Cir.· 1989-08-14 ·cited 4×
  The court held that the defendant's conviction under 18 U.S.C. § 1001 was not established, despite suspicious conduct.
• Sol Lessinger and Edith Lessinger v. Commissioner OF Internal Revenue
  872 F.2d 519· 2d Cir.· 1989-03-29 ·cited 4×
  The court held that a taxpayer's personal obligation to his wholly-owned corporation, even if undocumented, constitutes a real asset for the corporation, and its face value should be considered the corporation's 'adjusted basis' for purposes of I.R.C. § 357(c), preventing the rec
• Auto Dealers Grp. v. Auto Dealer Servs.
  81 B.R. 94· M.D. Fla.· 1987-12-03 ·cited 4×
  The court denied plaintiff's motion for leave to appeal the bankruptcy court's partial summary judgment order.
• United States v. Weldon Parkhill and William E. Devine
  775 F.2d 612· 5th Cir.· 1985-10-28 ·cited 4×
  The court affirmed the convictions, holding that the trial court did not constructively amend the indictment and that there was sufficient evidence to sustain the guilty verdicts.
• Butts v. State
  418 So. 2d 468· Fla. 4th DCA· 1982-09-01 ·cited 4×·via Fraudulent Sale
  Bernard Butts was convicted of aiding and abetting securities fraud in a mortgage note scheme, but the Florida District Court of Appeal reversed due to insufficient evidence linking Butts to any fraudulent misrepresentations or omissions in the actual sale of securities.
• In re Automated Bus. Sys., Inc. v. United States
  642 F.2d 200· 6th Cir.· 1981-03-11 ·cited 4×·via Action To Set Aside Fraudulent Transfer
  A transferee who accepts payment from a transferor without knowledge of the transferor's intent to defraud creditors must not return the payment if the transferee acted in good faith and without collusion.
• Walter J. Kassuba Realty Corp. v. Hemmerle (In Re Kassuba)
  10 B.R. 309· S.D. Fla.· 1981-03-11 ·cited 4×
  The court held that the transfers of funds to Hemmerle Development Corp. (HDC) were fraudulent and that HDC was the alter ego of Kenneth V. Hemmerle, Sr., allowing the judgment creditor to satisfy the judgment from HDC's assets.
• In re Prestige Spring Corp. v. Beril Abraham
  628 F.2d 840· 4th Cir.· 1980-07-28 ·cited 4×
  The court held that the bankruptcy judge erred in basing the judgment on a fraudulent transfer theory not pled, but found certain transfers to Norman and Sherry Slone were voidable preferences. The judgment against Norman Slone was reduced, and the judgment against Arnold Slone w
• Nat'l Carloading Corp. & Goodyear Tire & Rubber Co. v. Astro van Lines, Inc.
  593 F.2d 559· 4th Cir.· 1979-02-27 ·cited 4×
  The court held that a transferee corporation and its sole stockholder could be held liable for the transferor corporation's debts when the transfer was made to hinder creditors, and that punitive damages were properly awarded.
• Vazquez v. Gregorio Santisteban and Aida Santisteban
  334 So. 2d 97· Fla. 3d DCA· 1976-05-25 ·cited 4×
  The court reversed an order subjecting real property to a judgment against Jorge Baro, holding that transfers creating an estate by the entireties between Baro and his wife were valid and made before fraudulent intent could attach, and therefore a subsequent transfer to the appel
• Robert L. Hoecker in Bankruptcy of Anthony Colacci v. United Bank OF Boulder C. T. A. of the Est. of Mike Colacci
  476 F.2d 838· 10th Cir.· 1973-03-29 ·cited 4×
  The dissenting judge would hold that a disclaimer of property under Colorado law, even if it relates back under state law, constitutes a 'transfer' within the meaning of the federal Bankruptcy Act.
• United States v. Perry
  473 F.2d 643· 5th Cir.· 1973-01-08 ·cited 4×·via Action To Set Aside Fraudulent Transfer
• Armende Lesser v. Jewel Factors Corp.
  470 F.2d 108· 2d Cir.· 1972-11-20 ·cited 4×
  The court held that the transfer of assets from insolvent corporations to a new entity was a fraudulent transfer, and the creditor must repay funds received from this transfer.
• Bullard v. Aluminum Co. OF Am.
  468 F.2d 11· 7th Cir.· 1972-09-14 ·cited 4×
  A transfer made by an insolvent debtor without fair consideration, even if for an antecedent debt, is a fraudulent transfer under § 67d(2)(a) of the Bankruptcy Act, regardless of the transferor's intent.
• De Aragon v. The Chase Manhattan Bank
  457 F.2d 263· 1st Cir.· 1972-03-30 ·cited 4×
  The court held that the $250,000 payment made by the sugar mill to the bank was not a fraudulent transfer under the Bankruptcy Act because it constituted fair consideration for an antecedent debt.
• In re Homes v. Danning
  434 F.2d 1294· 9th Cir.· 1970-11-19 ·cited 4×
  The court held that the appellant is deemed to have consented to the Bankruptcy Court's summary jurisdiction because they failed to timely object to the trustee's application.