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

• Woolin v. Betti Bernay
  920 So. 2d 1151· Fla. 3d DCA· 2006-02-01 ·cited 2×
  The court held that the law of the case doctrine barred the trial court from allowing a second lis pendens when the facts and legal issues were substantially the same as a prior decision affirmed on appeal.
• Balsamo v. Gruppo Ceramiche Ricchetti
  862 So. 2d 812· Fla. 4th DCA· 2003-12-03 ·cited 2×
  Appellants Balsamo and Sahagian challenge a summary judgment holding them liable under Florida's Uniform Fraudulent Transfers Act for a judgment creditor's claim against their corporation. The court reverses, finding summary judgment improper because factual disputes exist regard
• Moran v. Schurger
  849 So. 2d 1184· Fla. 3d DCA· 2003-07-23 ·cited 2×
  The appellate court reversed a lower court's decision to pierce the corporate veil and hold an individual personally liable for a corporate debt. The court found insufficient evidence of fraud or intent to mislead creditors, and that the claim was time-barred.
• Liberty Mut. Ins. Co. v. C-Staff, Inc.
  280 F.3d 1337· 11th Cir.· 2002-01-30 ·cited 2×
  Liberty Mutual sought to enforce a judgment against C-Staff by initiating supplementary proceedings to implead third parties alleged to be fraudulent transferees or alter egos. The Eleventh Circuit certified to the Georgia Supreme Court the unanswered question of whether Georgia
• Brooke v. Totaltape, Inc.
  804 So. 2d 440· Fla. 2d DCA· 2001-10-19 ·cited 2×
  Totaltape sued Mark Brooke and his company for violating a noncompetition agreement, later adding Mark's father Leonard Brooke and a successor entity APSI. The court affirmed summary judgment against APSI but reversed as to Leonard Brooke, finding insufficient allegations that he
• Sasha & Sasha, Inc. v. Stardust Marine, S.A.
  741 So. 2d 558· Fla. 4th DCA· 1999-07-28 ·cited 2×
  Sasha & Sasha appealed a trial court judgment finding it was not a transferee of Florida property in a fraudulent transfer action under the Uniform Fraudulent Transfer Act. The court reversed in part on the recordation issue but affirmed on questions of delivery and good faith, a
• Woodell v. Transflorida Bank
  717 So. 2d 108· Fla. 4th DCA· 1998-08-26 ·cited 2×
  Appellants who obtained judgments against debtors appealed the dismissal of their complaint alleging that TransFlorida Bank and related entities fraudulently conspired to hide the judgment debtors' assets through real estate transactions. The court reversed the dismissal on fraud
• Schaller v. Bruce N. Balk, A.I.A., P.A.
  708 So. 2d 299· Fla. 2d DCA· 1998-02-25 ·cited 2×
  The court held that a prior judgment determining the property's status, which predated the homestead claim, precluded relitigation of the homestead issue.
• Lobato-Bleidt v. Lobato
  688 So. 2d 431· Fla. 5th DCA· 1997-02-28 ·cited 2×
  Carolyn Lobato-Bleidt and Limited Gaming of America appealed a judgment that voided stock issuances, severance agreements, and buy-back restrictions designed to hinder judgment creditor Robert Lobato from collecting on a $3.4 million Colorado judgment against Carwin Bleidt. The c
• Real Est. Corp. OF Fla., N.V. v. Dawn Developers, Inc.
  677 So. 2d 366· Fla. 5th DCA· 1996-07-05 ·cited 2×
  The court held that a settlement agreement in a bankruptcy proceeding did not bar a creditor's claim to set aside a fraudulent transfer from a non-party debtor.
• Babbit Elecs., Inc. v. Dynascan Corp.
  915 F. Supp. 335· S.D. Fla.· 1995-12-01 ·cited 2×
  The district court affirmed the magistrate judge's report and recommendation, deeming the judgment on order of impleader and imposition of equitable lien as such, and denied the Borensteins' objections.
• Towe Antique Ford Found. v. Internal Revenue Serv.
  999 F.2d 1387· 9th Cir.· 1993-07-22 ·cited 2×
  The court held that the evidence did not support a finding that the transfer of the automobile collection was a fraudulent attempt to evade federal taxes.
• In re Int'l Paper Co. v. Int'l Paper Co.
  961 F.2d 558· 5th Cir.· 1992-06-01 ·cited 2×
  The court held that a district court's remand order based on "the spirit of federalism" is not authorized by statute and is therefore reviewable by writ of mandamus, which the court granted to vacate the order.
• Pate v. United States
  949 F.2d 1059· 10th Cir.· 1991-11-20 ·cited 2×
  The court held that a husband's payment for property titled in his wife's name creates a presumption of a gift, not a resulting trust, and a homestead exemption is a personal privilege, not a property interest to which tax liens can attach.
• In re J.R. McCONNELL, Jr. v. Peter Johnson for J.R. McConnell, Jr.
  934 F.2d 662· 5th Cir.· 1991-07-01 ·cited 2×
  The court held that the $600,000 earnest money payment was a fraudulent transfer and that tort damages could not be offset against the recovery.
• Williams v. Bowman Livestock Equip. Co.
  927 F.2d 1128· 10th Cir.· 1991-03-12 ·cited 2×
  The court held that national advertising alone is insufficient to establish minimum contacts for personal jurisdiction, and successor liability requires a statutory merger or substantial asset transfer under Oklahoma law.
• In re Kerr v. Kerr
  908 F.2d 400· 8th Cir.· 1990-07-17 ·cited 2×
  The court held that the bankruptcy court properly dismissed the debtors' Chapter 11 petitions for bad faith and failure to propose a workable reorganization plan, and that a hearing on the value of land sold to a secured creditor should have been held.
• In re Kumar Bavishi & Assocs. (Two Cases) Frederick L. Reigle v. S.S. Mahajan
  906 F.2d 942· 3d Cir.· 1990-06-26 ·cited 2×
  The dissenting judge held that the Appellees failed to establish a defense under sections 547(c)(1) and 547(c)(4) of the Bankruptcy Code because their guarantee did not constitute 'new value' to the debtor. The judge also found that the district court erred in dismissing the stat
• Gelindo ("Lindy") Infante v. Jacksonville Bulls Football, Ltd.
  559 So. 2d 406· Fla. 1st DCA· 1990-04-10 ·cited 2×
  The court held that the trial court erred in rejecting the special master's recommendation to implead third parties in proceedings supplemental to execution.
• Gangitano v. NN Invs. Life Ins. Co., Inc.
  733 F. Supp. 342· S.D. Fla.· 1990-03-28 ·cited 2×
  The Seventh Amendment guarantees a constitutional right to a jury trial for ERISA claims seeking recovery of benefits, as these claims are analogous to common-law breach of contract actions.
• Nat'l Labor Relations Bd. v. Martin Arsham Sewing Co.
  873 F.2d 884· 6th Cir.· 1989-04-21 ·cited 2×
  The court held that the National Labor Relations Board (NLRB) is precluded from seeking to impose personal liability on a corporate officer for a back pay award by attacking a transfer of corporate assets as fraudulent, after the corporation has filed for bankruptcy and the Board
• Porter v. Yukon Nat'l Bank
  866 F.2d 355· 10th Cir.· 1989-01-25 ·cited 2×
  The court held that a pre-bankruptcy transfer of collateral to a creditor constituted a voidable preference because it enabled the creditor to receive more than it would have in a Chapter 7 liquidation, and the debtor was insolvent at the time of the transfer.
• Laurence H. Levy v. Kindred
  854 F.2d 682· 4th Cir.· 1988-08-23 ·cited 2×
  The court affirmed the bankruptcy court's judgment, finding ample support in the record for the determination that transfers were made with intent to defraud creditors.
• In re Mortgageamerica Corp. v. Am. Fed. Sav. & Loan
  831 F.2d 97· 5th Cir.· 1987-11-04 ·cited 2×
  Nunc pro tunc language in a bankruptcy trustee's written appointment order is effective for commencing the statute of limitations if it arises from oversight and does not cause undue prejudice.
• Stone's Pharmacy, Inc. v. Pharmacy Acct. Mgmt., Inc.
  812 F.2d 1063· 8th Cir.· 1987-03-03 ·cited 2×
  The court held that a material issue of fact exists regarding whether the transfer of assets was subject to the Bulk Transfers Act and whether the defendant tortiously interfered with the plaintiff's contract, requiring reversal of summary judgment.
• Bornstein v. Richard E. Poulos in Bankr. of Blier Cedar Co., Inc.
  793 F.2d 444· 1st Cir.· 1986-06-20 ·cited 2×
  Summary judgment was properly granted on claims against Bornstein as they were time-barred, but summary judgment was improperly granted on claims against Parent, as the statute of limitations was tolled due to his fiduciary duty.
• Smith v. Daniel Mones, P.A.
  459 So. 2d 462· Fla. 3d DCA· 1984-11-27 ·cited 2×
  Florida appellate court quashed an order requiring defendants to provide a prejudgment inventory of assets, holding that creditor's bills cannot reach assets titled in a defendant's individual name absent fraud.
• Wilson v. Sudbury
  16 B.R. 870· M.D. Fla.· 1982-01-04 ·cited 2×
  The court held that refunded attorney fees, determined to be excessive under § 329, are not considered 'property of the estate' and therefore cannot be claimed as an exemption by the debtor.
• United States v. Wurdemann
  663 F.2d 50· 8th Cir.· 1981-11-04 ·cited 2×·via Action To Set Aside Fraudulent Transfer
  The court held that the United States is not bound by state statutes of limitation and that the district court's finding of fraudulent transfer was supported by substantial evidence and not clearly erroneous.
• In re Knox Kreations, Inc. v. Nicely
  656 F.2d 230· 6th Cir.· 1981-08-11 ·cited 2×
  The court held that the trustee's appeal regarding the security agreement and subordination claims lacked merit, but Nicely's appeal regarding escrow payments was granted because they satisfied a debt with fair consideration.
• In re Circus Time, Inc.
  641 F.2d 39· 1st Cir.· 1981-02-18 ·cited 2×
  The court held that substantial compliance with state Certificate of Title Acts is sufficient to perfect a security interest in a vehicle, even with minor errors that are not seriously misleading.
• Winthrop J. Allegaert in Bankr. of duPont Walston, Inc. v. Chem. Bank
  657 F.2d 495· 2d Cir.· 1980-08-19 ·cited 2×
  The court held that the security interest attached on July 2, 1973, making the transfer more than four months before bankruptcy, and that the DGF debenture qualified as an instrument under the UCC, allowing perfection by possession.
• Depositors Tr. Co. OF Augusta v. Frati Enters., Inc.
  590 F.2d 377· 1st Cir.· 1979-01-11 ·cited 2×
  The court held that a 100% participated note, even if structured to avoid risk for the purchasing bank, can be used for set-off against a bankrupt's deposit account, as long as the assignment occurred outside the four-month preference period.
• State v. Fried
  357 So. 2d 211· Fla. 3d DCA· 1978-03-21 ·cited 2×·via Fraudulent Sale
  The court held that the sale of a single promissory note secured by a mortgage, in a transaction resembling a commercial loan, does not constitute the sale of a 'security' under Florida's securities statutes.
• United States v. McMAHAN
  556 F.2d 362· 5th Cir.· 1977-07-25 ·cited 2×·via Action To Set Aside Fraudulent Conveyance
  The court held that a taxpayer is not entitled to a jury trial to determine if they are a responsible officer for unpaid withholding taxes when the government also seeks to set aside a fraudulent conveyance in the same action. The court also found sufficient evidence to support t
• In re Jercyn Dress Shop v. Leslie FAY Sales
  516 F.2d 864· 2d Cir.· 1975-05-20 ·cited 2×
  A general assignment of partnership assets for the benefit of creditors is not ipso facto an act of bankruptcy by the individual partners.
• John W. Wilkie in Bankruptcy for William S. Edgemon v. Brooks
  515 F.2d 741· 6th Cir.· 1975-04-17 ·cited 2×
  The dissenting judge believes the jury verdict should not have been set aside, as there was sufficient evidence to support the plaintiff's claims regarding the transfer of stock and estoppel.
• In re Jackson Sound Studios, Inc. v. Travis
  473 F.2d 503· 5th Cir.· 1973-02-08 ·cited 2×
  The court held that the attempted ratification of the security agreement was void and that the delayed perfection of the security interest constituted a fraudulent transfer under the Bankruptcy Act.
• In re Joelanne Wikes v. Smith
  465 F.2d 1142· 9th Cir.· 1972-08-30 ·cited 2×
  A transfer of community property by a husband to his wife, even if made to separate accounts, is voidable by the husband's creditors if it leaves him unable to satisfy existing debts, and this principle applies even after the wife's bankruptcy.
• In re Columbus Malleable, Inc.
  459 F.2d 118· 6th Cir.· 1972-04-25 ·cited 2×
  The court held that the transaction constituted a preferential transfer because it depleted the debtor's assets available to general creditors, even though the exact amount of a prior secured obligation was not proven.
• In re Allied Dev. Corp. v. Milo G. Flaten
  435 F.2d 372· 7th Cir.· 1970-12-10 ·cited 2×
  The court held that the banks' lack of good faith in accepting the mortgage assignment, despite not having actual fraudulent intent, precluded them from asserting bona fide lienor status under § 67(d)(6) of the Bankruptcy Act.
• Swartz v. Lipsky
  241 So. 2d 448· Fla. 3d DCA· 1970-12-01 ·cited 2×
  The court held that the trial court misapplied Fla. Stat. § 56.29(6)(a) by vacating its order finding a fraudulent transfer based solely on the transfer occurring more than a year before the judgment.
• In re Cleveland Distrib. Co. v. Bankruptcy
  431 F.2d 965· 6th Cir.· 1970-08-05 ·cited 2×
  The court held that the referee's and District Court's findings of fact were supported by the record and not clearly erroneous, affirming the lower courts' decisions regarding voidable preferences and fraudulent transfers.
• United States v. Mitchell
  413 F.2d 181· 7th Cir.· 1969-07-11 ·cited 2×·via Action To Set Aside Fraudulent Transfer
  The court held that the government properly assessed cabaret excise taxes and income tax deficiencies based on net worth analysis, and that the taxpayers' transfer of real estate was void as fraudulent against the government.
• Peter M. Elliott in Bankruptcy for the Estate of Henry H. Herrera v. Herrera
  401 F.2d 174· 9th Cir.· 1968-09-12 ·cited 2×
  The court held that the bankrupt's direct testimony admitting intent to hinder creditors, combined with circumstantial evidence, warranted denial of his discharge.
• Bankruptcy v. Wier
  328 F.2d 368· 5th Cir.· 1964-02-20 ·cited 2×
  The court held that the trustee failed to prove actual fraud or intent to defraud creditors under the Bankruptcy Act or state law, and thus the transfer was not voidable. The judgment against Wier and Cullen was reversed.
• Frank M. Chichester in the Matter of Howard Golden v. Golden
  321 F.2d 250· 9th Cir.· 1963-07-31 ·cited 2×
  The court held that a trustee cannot obtain a money judgment against a bankrupt for fraudulent transfers of dissipated assets that occurred prior to the bankruptcy filing date, as the trustee's title vests at the time of filing.
• United States v. Fid. & Deposit Co. of Md.
  214 F.2d 565· 5th Cir.· 1954-07-06 ·cited 2×·via Action To Set Aside Fraudulent Conveyance
  The court held that a bona fide mortgagee's lien is superior to prior federal tax liens when the mortgagee had no notice of the mortgagor's fraudulent conveyance of the property. It also held that federal tax liens do not automatically attach to property fraudulently conveyed bef
• Schockett v. Bromley
  198 F.2d 257· 10th Cir.· 1952-06-28 ·cited 2×
  An order denying leave to intervene, where intervention is permissive and discretionary, is not appealable absent an abuse of discretion.
• Rooke v. Reliable Home Equip. Co., Inc.
  195 F.2d 667· 4th Cir.· 1952-04-01 ·cited 2×
  The appeal is dismissed because general creditors lack standing to appeal a bankruptcy court's decision without the trustee's consent or court authorization.