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

• Iowa S. Utils. Co. v. The United States
  348 F.2d 492· Ct. Cl.· 1965-07-16 ·cited 4×·via Fraudulent Sale
  The court held that the uncollected balance of the Iowa judgment, arising from a breach of fiduciary duty, constituted a deductible bad debt in 1953 when its worthlessness was ascertained.
• Montgomery v. Commissioner OF Internal Revenue
  230 F.2d 472· 5th Cir.· 1956-03-07 ·cited 4×
  The court held that the petitioner failed to prove that capital was a material income-producing factor, and thus the income allocation was not sustainable.
• W. S. Walker in Bankruptcy of the Estate of Harvey J. Hall, Jr. v. Clinton State Bank
  216 F.2d 165· 8th Cir.· 1954-11-04 ·cited 4×
  The court held that the bank's actions in releasing and accepting substituted security notes did not constitute a fraudulent transfer, and the bank's offsetting of deposits against the bankrupts' account was permissible.
• Schaffer v. Hughes
  139 F.2d 438· 8th Cir.· 1943-12-14 ·cited 4×
  A bankruptcy court cannot summarily order turnover of property if a third party holds it under a substantial, good-faith adverse claim, even if that claim is contingent or potentially voidable.
• In re Knott. Tinney v. Katcher
  134 F.2d 833· 6th Cir.· 1943-04-06 ·cited 4×
  The court held that the bankruptcy court had jurisdiction to order the turnover of an automobile transferred in fraud of creditors, even if the transferee claimed adverse title, because the claim was colorable and the transferee waived any objection to summary proceedings.
• Halle v. Meinhard Bros. & Co.
  34 Fla. 607· Fla.· 1894-06-01 ·cited 4×·via Action To Set Aside Fraudulent Conveyance
  This case involves a mercantile firm suing a married woman and her husband for goods sold on her credit and the credit of her separate property. The court affirmed the lower court's decision to overrule a demurrer, holding that a married woman's separate property is equitably cha
• Carolina Cas. Ins. Co. v. Spicer
  323 So. 3d 350· Fla. 1st DCA· 2021-06-29 ·cited 3×
  The appellate court affirmed a lower court's order granting partial summary judgment to a bankruptcy trustee. The trustee sought to recover an arbitration award from an insurance company, which denied coverage based on a breach of contract exclusion in its policy. The court found
• SuVicMon Dev., Inc. v. Morrison
  991 F.3d 1213· 11th Cir.· 2021-03-25 ·cited 3×
  A fraudulent transfer action is a distinct claim from the underlying debt, and thus is not automatically non-dischargeable if the underlying debt is non-dischargeable. Furthermore, a debtor may not proceed nominally against a discharged debtor to recover from third parties unless
• Weiss v. Adeena Weiss
  317 So. 3d 167· Fla. 3d DCA· 2021-02-03 ·cited 3×
  A judgment that disposes of a plaintiff's claims but reserves jurisdiction over a defendant's counterclaim is not final as to all parties and does not permit closure of the entire case. The trial court erred in closing the case while Weiss's counterclaim remained pending.
• Adeena Weiss Ortiz v. Weiss
  282 So. 3d 949· Fla. 3d DCA· 2019-10-10 ·cited 3×
  This case involves a dispute over property ownership among family members. The appellate court affirmed the trial court's decision, holding that the appellant's claims were barred by probate statutes of limitation because they were not filed within the estate proceedings.
• Laptopplaza, Inc. v. Wells Fargo Bank
  276 So. 3d 375· Fla. 3d DCA· 2019-06-19 ·cited 3×·via Florida Uniform Fraudulent Transfer Act
  The appellate court reversed in part and remanded a lower court's dismissal of a complaint, finding that Florida law recognizes a cause of action for a lender deliberately inflating the amount due under a mortgage in an estoppel letter. The court dismissed the appeal for other ap
• Rref SNV-FL SSL, LLC v. Shamrock Storage, LLC
  178 So. 3d 90· Fla. 1st DCA· 2015-10-26 ·cited 3×
  A judgment creditor sought to void a spousal transfer of hotel company shares as a fraudulent conveyance under Florida's supplemental proceedings statute. The court reversed because the trial court incorrectly shifted the burden of proof to the creditor, when the statute places t
• Allerd Charles Smith v. Effective Teleservices, Inc.
  133 So. 3d 1048· Fla. 4th DCA· 2014-01-08 ·cited 3×
  This case addresses whether a judgment creditor can pursue a fraudulent transfer claim under Florida's Uniform Fraudulent Transfer Act (Chapter 726) independently after a judgment debtor files a Chapter 727 assignment for the benefit of creditors. The court held that while only t
• Akanthos Cap. Mgmt., LLC v. Atlanticus Holdings Corp.
  734 F.3d 1269· 11th Cir.· 2013-10-28 ·cited 3×
  The Eleventh Circuit affirmed the district court's dismissal of Atlanticus's antitrust counterclaim, holding that the collective actions of noteholders to secure their debt were procompetitive and did not constitute a per se violation of the Sherman Act. The court reasoned that n
• 3V Cap. Master Fund Ltd. v. Official Comm. of Unsecured Creditors of Tousa
  444 B.R. 613· S.D. Fla.· 2011-02-11 ·cited 3×
  The court held that the bankruptcy court correctly determined that the Transeastern Lenders received fraudulent transfers under Section 548 of the Bankruptcy Code.
• Brown v. Nova Info. Sys., Inc.
  903 So. 2d 968· Fla. 5th DCA· 2005-04-29 ·cited 3×
  Kyle Brown, a Texas resident, appeals a trial court's denial of his motion to dismiss for lack of personal jurisdiction in a case brought by Nova Information Systems alleging fraudulent transfer in violation of Florida's Uniform Fraudulent Transfer Act. The appellate court revers
• Steffen v. Gray, Harris & Robinson, P.A.
  283 F. Supp. 2d 1272· M.D. Fla.· 2003-09-19 ·cited 3×
  Summary judgment for defendants is granted because the plaintiff cannot establish that any alleged negligence by the defendants proximately caused her damages, as the SEC could have reached her assets regardless of the trust's formation.
• Gray v. Manklow (In Re Optical Techs.
  252 B.R. 531· M.D. Fla.· 2000-07-27 ·cited 3×
  The appellate court affirmed the bankruptcy court's grant of summary judgment, finding no genuine issues of material fact regarding de facto merger or control, and affirmed the denial of the motion to vacate the judgment.
• Rosl, Inc. v. Jardins
  756 So. 2d 1078· Fla. 4th DCA· 2000-04-19 ·cited 3×
  Appellants appealed a bench trial judgment that nullified a real property conveyance and held them jointly and severally liable for any deficiency from the property's sale to satisfy a prior judgment. The court reversed the portion holding Jo Ann La Londe Rios jointly and several
• Dempsey v. LAW Firm OF Cauthen & Odham, P.A.
  752 So. 2d 107· Fla. 5th DCA· 2000-03-03 ·cited 3×
  The Florida District Court of Appeal reversed summary judgments granted to defendants, holding that collateral estoppel could not be applied to bar the plaintiff's suit because the parties in the prior action were not the same as in the current action, and Florida law requires mu
• Profilet v. Cambridge Fin. Corp.
  231 B.R. 373· S.D. Fla.· 1999-02-11 ·cited 3×
  The court held that the Trustee has standing to bring securities fraud claims, met pleading requirements for most claims, but failed to plead justifiable reliance for the Florida Blue Sky Law claim and continuity for the Florida RICO claim.
• Mohsen A. Rashdan, M.D. & Mohsen A. Rashdan, M.D., P.A. v. Tanveer A. Sheikh, M.D., P.A.
  706 So. 2d 357· Fla. 4th DCA· 1998-01-28 ·cited 3×
  Dr. Rashdan appeals a judgment allowing execution against his professional association's assets based solely on his sole ownership. The court reverses, holding that piercing the corporate veil of a professional association requires proof of fraud, fraudulent transfer, or improper
• In re Paul
  217 B.R. 336· S.D. Fla.· 1997-08-26 ·cited 3×
  A bankruptcy trustee appealed a bankruptcy court's dismissal of a fraudulent transfer claim under Florida law, arguing that a debtor's $45,000 transfer to her husband's attorney while insolvent and facing litigation constituted a fraudulent conveyance. The district court reversed
• Gass v. Friedman (In re Martec Corp.)
  S.D. Fla.· 1994-06-02 ·cited 3×
  The court affirmed the bankruptcy court's judgment regarding preferential and fraudulent transfers of property but vacated and remanded the judgment against the garnishee bank because a third party claimed ownership of the garnished accounts and was entitled to a jury trial.
• Snyderburn v. Bantock
  625 So. 2d 7· Fla. 5th DCA· 1993-09-03 ·cited 3×·via Fraudulent Sale
  Snyderburn, a receiver for Sunland Mortgage Corporation, sought to enforce an attorney's charging lien for 12% of settlement proceeds in a securities fraud case against investors' counsel. The court partially affirmed and reversed the lower court's refusal to enforce the lien, ho
• Robert O. Lippi for Pac. Indus. Distribs., Inc. v. City Bank
  955 F.2d 599· 9th Cir.· 1992-01-23 ·cited 3×
  The court held that the district court erred in applying the standing test on a defendant-by-defendant basis and that the trustee had standing to challenge transfers violating H.R.S. § 416-28. However, the court affirmed the district court's refusal to enter a judgment declaring
• In re Herbert E. Russell. William Russell Gibson and F.H. Martin v. United States
  927 F.2d 413· 8th Cir.· 1991-03-07 ·cited 3×
  The court held that the trustee's claims to avoid irrevocable elections under sections 548 and 549 of the Bankruptcy Code were barred by the relevant statutes of limitations and the plain language of 26 U.S.C. § 1398(g)(1).
• Weinberg v. Pennington
  462 So. 2d 862· Fla. 3d DCA· 1985-01-29 ·cited 3×·via Fraudulent Sale
  The court held that the sale of unregistered securities violated Florida law because the seller failed to provide full and fair disclosure of material information, rendering the exemption inapplicable.
• In re KDI Corp. v. KDI Corp.
  477 F.2d 742· 6th Cir.· 1973-04-10 ·cited 3×
  The court held that the referee erred in denying confirmation based on an erroneous understanding of the burden of proof under § 14(c) and that the debtor was entitled to confirmation.
• Bartle v. Asher S. Markson
  423 F.2d 637· 2d Cir.· 1970-03-20 ·cited 3×
  The court held that the plaintiff's claims for relief were fully substantiated and affirmed the district court's findings.
• Quinn R. Barton, Inc. v. Johnson
  143 Fla. 245· Fla.· 1940-05-28 ·cited 3×·via Fraudulent Sale
  The court reversed a lower court's decree that prohibited a judgment creditor from garnishing a surety's funds. The appellate court found that the surety had not proven the sale of the replevied property was invalid or fraudulent, despite a significant discrepancy between its app
• Burgoyne v. Chadwick Mather Co.
  129 Fla. 850· Fla.· 1937-11-05 ·cited 3×·via Fraudulent Sale
  The Florida Supreme Court affirmed a lower court's decision dismissing a widow's lawsuit. The widow alleged that two companies fraudulently sold assets to hinder her collection of a debt owed by a third company, but the court found no abuse of discretion by the chancellor in dism
• Davis v. Knott
  109 Fla. 60· Fla.· 1933-03-14 ·cited 3×
  The Florida Supreme Court upheld a lower court's dismissal of a complaint by a bank liquidator challenging the validity of pledges of bank assets given to secure state and county deposits. The court held that banks may lawfully pledge their assets to secure public deposits, and t
• In re S. Fruit & Produce Co.
  S.D. Fla.· 1926-09-16 ·cited 3×
  District court granted creditors' motion to adjudicate Southern Fruit & Produce Co. as bankrupt where the company's answer failed to specifically deny material allegations of fraudulent transfer and preferential payment under bankruptcy rules.
• Arbor Grove Dev., LLC v. ECS1, Inc.
  425 So. 3d 699· Fla. 3d DCA· 2025-11-12 ·cited 2×·via Florida Uniform Fraudulent Transfer Act
  A transferee's assumption of the transferor's mortgage debt and acceptance of responsibility for outstanding liens constitutes evidence of reasonably equivalent value under FUFTA, creating a genuine dispute of material fact that precludes summary judgment on fraudulent transfer c
• Frutafino v. Dole Chile, S.A.
  405 So. 3d 497· Fla. 3d DCA· 2025-03-05 ·cited 2×
  This case involves a dispute between fruit seller Dole Chile and distributor Frutafino over unpaid invoices. The court reversed a jury verdict finding civil theft and fraudulent inducement, holding that the tort claims were barred by the independent tort doctrine because they wer
• PRN Real Est. & Invs., Ltd. v. Cole
  85 F.4th 1324· 11th Cir.· 2023-11-02 ·cited 2×
  William W. Cole, Jr. filed for Chapter 7 bankruptcy, and creditor PRN Real Estate & Investments sought to deny or limit his discharge based on alleged fraudulent transfers and false statements in his bankruptcy filings. The Eleventh Circuit Court of Appeals affirmed the bankruptc
• Siddhartha Pagidipati & 1010 Cap., Inc. v. Sanket Vyas
  353 So. 3d 1204· Fla. 2d DCA· 2022-10-28 ·cited 2×
  The appellate court reversed a lower court's decision denying a motion to disqualify a law firm. The court found that the law firm created a conflict of interest by simultaneously representing a client in a lawsuit against a company, while also acting on behalf of that same compa
• Petro Welt Trading Ges.m.b.h v. Brinkmann
  336 So. 3d 881· Fla. 2d DCA· 2022-04-29 ·cited 2×
  The appellate court denied a petition for certiorari review of a trial court's order regarding deposition notices and protective orders. The court found no departure from the essential requirements of law because the trial court's decision predated the adoption of a new Apex Doct
• Cutuli v. Mehrdad Elie
  13 F.4th 1342· 11th Cir.· 2021-09-23 ·cited 2×
  The Eleventh Circuit affirmed the district court's decision to uphold the bankruptcy court's extension of time for service of process, finding no abuse of discretion.
• Bibby v. Mortg. Invs. Corp.
  985 F.3d 825· 11th Cir.· 2021-01-15 ·cited 2×
  Summary judgment for the defendant on the False Claims Act claim was improper because genuine issues of material fact remain regarding the materiality of the alleged false certifications. Relators lack standing for the fraudulent transfer claim.
• Rref Snv-Fl SSL, LLC v. Shamrock Storage
  250 So. 3d 788· Fla. 1st DCA· 2018-06-28 ·cited 2×
  A transfer of an asset with no economic value cannot constitute constructive fraud under section 726.106(1) because the debtor cannot receive less than reasonably equivalent value for a valueless asset.
• Wells Fargo Equip. Fin., Inc. v. Bacjet, LLC
  221 So. 3d 671· Fla. 4th DCA· 2017-06-21 ·cited 2×
  Wells Fargo Equipment Finance sought to collect a $7.2 million judgment against a Florida debtor by garnishing the debtor's accounts at Prime Bank of Oklahoma, which had secured a $3 million loan with the debtor's Florida homestead property. The Fourth District Court of Appeal re
• Stavrou v. Destination Boat Clubs, Inc.
  226 So. 3d 293· Fla. 2d DCA· 2017-05-31 ·cited 2×
  The court held that a judgment in supplementary proceedings cannot exceed the unpaid amount of the underlying judgment, but affirmed the portion of the judgment against Alexandra and Bessy.
• Alvaro Gorrin, Jr. v. Poker RUN Acquisitions, Inc.
  137 So. 3d 1102· Fla. 3d DCA· 2014-03-26 ·cited 2×
  Alvaro Gorrín appeals a modified final summary judgment in a fraudulent transfer case. The court dismissed the appeal for lack of jurisdiction, finding the judgment non-final because the trial court must still determine whether a subsequently-entered judgment lien has attached to
• Okaloosa NEW Opportunity, LLC v. LD Projects, LLC
  109 So. 3d 1209· Fla. 5th DCA· 2013-03-28 ·cited 2×
  Okaloosa New Opportunity appeals the denial of its motion for proceedings supplementary to execution following a default judgment against LD Projects. The court holds that under Florida Statute § 56.29, a judgment creditor who files a facially sufficient affidavit showing an unsa
• Desak v. Vanlandingham
  98 So. 3d 710· Fla. 1st DCA· 2012-10-05 ·cited 2×
  The personal representative of Helen Desak's estate appealed the dismissal of a fraudulent transfer claim against Vanlandingham Farms, Inc., challenging whether the statute of limitations had run. The court reversed, holding that recording a deed alone does not establish that a c
• In re Voip, Inc.
  2011 U.S. Dist. LEXIS 125730· S.D. Fla.· 2011-10-31 ·cited 2×
  The court held that an appeal from an order approving a settlement is not equitably moot when the settlement funds have not been irrevocably transferred and effective relief can still be granted on appeal, even without a stay pending appeal.
• Martinez v. Hutton (In Re Harwell)
  414 B.R. 770· M.D. Fla.· 2009-08-31 ·cited 2×
  The court affirmed the bankruptcy court's summary judgment, holding that the law firm was not an 'initial transferee' under the Bankruptcy Code because it acted as a mere conduit for funds, lacking dominion and control.
• Cap. Factors, Inc. v. Alba Rent-A-Car, Inc.
  965 So. 2d 1178· Fla. 4th DCA· 2007-08-29 ·cited 2×
  Capital Factors, Inc. appealed a trial court's judgment dissolving writs of garnishment served on Avalon Global Group seeking to collect a judgment against Alba Rent-A-Car and its guarantor. The court held that an unconfirmed arbitration award constitutes a debt due subject to ga