Intent To Hinder, Delay, Or Defraud Creditors

58 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Havoco OF Am., Ltd. v. Hill
  790 So. 2d 1018· Fla.· 2001-06-21 ·cited 64×
  The Florida Supreme Court held that Article X, Section 4 of the Florida Constitution exempts homestead property even when acquired with nonexempt funds with the specific intent to hinder, delay, or defraud creditors, answering a certified question from the Eleventh Circuit. The c
• Mack v. Newton
  737 F.2d 1343· 5th Cir.· 1984-08-06 ·cited 48×
  The court held that there was sufficient evidence to support the jury's finding of conspiracy regarding the transfer of 188 Dairyland cows to Dairy Cows, but not for other cattle transfers or the conversion claim. The denial of the usury claim was affirmed.
• Matter of Willis C. Pioch
  235 F.2d 903· 3d Cir.· 1956-08-09 ·cited 44×
  The court held that the mere transfer of an asset, even for less than market value, does not, without more, establish actual fraudulent intent to hinder, delay, or defraud creditors, and thus does not bar a bankrupt's discharge.
• In re Halpern v. Bankruptcy
  426 F.2d 102· 2d Cir.· 1970-05-08 ·cited 37×
  A prior judgment based on multiple independent, alternative grounds is not conclusive as to issues necessarily found to support only one of those grounds, particularly when those issues involve intent.
• Robert L. Jackson in Bankr. for Great W. Automatic Sprinkler Co. & Fabrication & Supply Co. v. Star Sprinkler Corp. OF Fla.
  575 F.2d 1223· 8th Cir.· 1978-04-26 ·cited 26×
  The court held that the transfers of assets were fraudulent under § 67(d) of the Bankruptcy Act, and the trustee could recover the value of those assets. The court also clarified that the perfection date of a transfer under § 67(d)(5) applies to time limitations, not the establis
• In re Linda Coal & Supply Co.
  255 F.2d 653· 3d Cir.· 1958-05-19 ·cited 20×
  The court held that an appellate court cannot grant relief on a theory not passed upon by the trial court, especially when the party expressly limited the trial to a different theory.
• Ferre v. City Nat'l Bank OF Miami
  548 So. 2d 701· Fla. 3d DCA· 1989-07-25 ·cited 17×
  The Ferres appeal a judgment finding fraudulent conveyances of $1,451,973.40 transferred from Maurice Ferre to his wife Mercedes between 1978 and 1988 in supplemental proceedings to enforce a creditor judgment. The appellate court affirmed, holding that fraudulent transfer action
• In re Cadarette v. Cadarette
  601 F.2d 648· 2d Cir.· 1979-06-18 ·cited 17×
  The court held that the bankrupt's transfer of property and false statements in his bankruptcy petition, made with intent to hinder, delay, or defraud creditors, warranted denial of discharge.
• In re Adeeb v. Adeeb
  787 F.2d 1339· 9th Cir.· 1986-04-21 ·cited 16×
  A debtor who transfers property within one year of bankruptcy with intent to hinder creditors may still receive a discharge if they disclose the transfers, make a good faith effort to recover the property before an involuntary petition is filed, and actually recover it within a r
• In re Christian & Porter Aluminum Co. v. DeWayne F. Titus
  584 F.2d 326· 9th Cir.· 1978-10-17 ·cited 16×
  Corporate appellants suspended for non-payment of California franchise taxes lack the capacity to appeal. The bankruptcy court had summary jurisdiction due to a valid settlement agreement consenting to it.
• Ford v. Poston
  773 F.2d 52· 4th Cir.· 1985-09-18 ·cited 14×
  A debtor's transfer of property to create an exemption can be deemed a fraudulent transfer under 11 U.S.C. § 727(a)(2)(A) if there is extrinsic evidence of actual intent to defraud creditors beyond the mere conversion of non-exempt to exempt property.
• In re Adlman v. Adlman
  541 F.2d 999· 2d Cir.· 1976-09-14 ·cited 14×
  The court held that the bankruptcy judge's finding of actual intent to defraud creditors was not clearly erroneous and affirmed the denial of discharge.
• In re Cushman Bakery & Cushman Baking Co. Appeal of Jacob Agger
  526 F.2d 23· 1st Cir.· 1975-11-25 ·cited 14×
  The court held that Bakers' security interests were properly perfected under Maine law and the transactions were not fraudulent. However, the court reversed the district court's decision regarding the statute of limitations on the trustee's objection to Seaboard's claim.
• Frank S. Blackford in Bankr. of Munro-Van Helms Co. v. Commercial Credit Corp.
  263 F.2d 97· 5th Cir.· 1959-01-23 ·cited 14×
  The court held that the assignment of accounts receivable complied with the Alabama Assignment of Accounts Receivable Act, and that the transaction, though a loan secured by accounts, was not a fraudulent transfer under Alabama law.
• In re May
  12 B.R. 618· N.D. Fla.· 1980-10-16 ·cited 13×
  The court held that allegations of fraudulent transfers, even if occurring more than one year before bankruptcy, could constitute a continuing concealment of assets, potentially barring discharge.
• Luzinski v. Peabody & Arnold LLP (In Re Gosman)
  382 B.R. 826· S.D. Fla.· 2007-12-13 ·cited 12×
  The court affirmed the bankruptcy court's dismissal of the malpractice claim, holding that the in pari delicto doctrine barred the trustee's action because the debtor's intentional fraud was at least as culpable as the law firm's alleged negligence. The court also found the trust
• In re Bateman v. Bateman
  646 F.2d 1220· 8th Cir.· 1981-04-08 ·cited 12×
  A gratuitous transfer of valuable property by a debtor shortly before bankruptcy raises a presumption of fraudulent intent, and the debtor's explanations were insufficient to rebut this presumption.
• Bentley M. McMULLIN v. Todd
  228 F.2d 139· 10th Cir.· 1955-11-19 ·cited 12×
  The court held that the evidence presented by the objecting creditor was sufficient to establish a prima facie case that the bankrupt transferred property with intent to hinder, delay, or defraud creditors, shifting the burden to the bankrupt to prove otherwise.
• Fleming v. Otis Elevator Co.
  107 Fla. 557· Fla.· 1933-01-02 ·cited 12×
  In a creditor's suit under Florida law, the Florida Supreme Court upheld a decree setting aside a conveyance of real property as fraudulent where a debtor conveyed all of his attachable property to a corporation he owned and controlled, with intent to hinder collection of his deb
• Cunningham v. Merchs'. Nat. Bank of Manchester
  4 F.2d 25· 1st Cir.· 1925-01-06 ·cited 12×
  The dissenting judge argues that the defendant bank actively participated in Charles Ponzi's fraudulent scheme by soliciting and retaining deposits from him, knowing he was insolvent and that these funds would be used to pay off certain creditors preferentially. This active coope
• Colonial Bank v. Freeman (In Re Pac. Forest Prods. Corp.)
  335 B.R. 910· S.D. Fla.· 2005-10-17 ·cited 11×
  The court held that motions for rehearing of an interlocutory bankruptcy order toll the time for filing a motion for leave to appeal, and that the specific legal question regarding check kiting as per se fraudulent intent presents a controlling question of law with substantial gr
• Nat'l Auto Serv. Ctrs., Inc. v. F/R 550, LLC
  192 So. 3d 498· Fla. 2d DCA· 2016-03-30 ·cited 10×
  This case interprets Florida's Uniform Fraudulent Transfer Act (FUFTA) concerning the timeliness of claims to void fraudulent transfers. The court held that the one-year discovery savings clause in section 726.110(1) is triggered by discovery of the transfer itself, not discovery
• In re Davis v. Roe J. Davis
  911 F.2d 560· 11th Cir.· 1990-09-07 ·cited 10×
  A debtor's discharge may be denied under 11 U.S.C. § 727(a)(2)(A) if property was transferred with intent to hinder, delay, or defraud creditors, even if the property was recovered before filing bankruptcy or if the transfer did not diminish assets available to creditors.
• In re Smiley v. First Nat'l Bank OF Belleville
  864 F.2d 562· 7th Cir.· 1989-01-09 ·cited 9×
  The court held that a debtor's transfers of property to purchase exempt assets, coupled with misrepresentations to creditors about the value and availability of those assets, constituted an intent to hinder or delay creditors, warranting denial of discharge.
• In re Marcel Freudmann
  495 F.2d 816· 2d Cir.· 1974-03-28 ·cited 9×
  The court held that the evidence supported the bankruptcy judge's finding of actual intent to defraud creditors, thus denying the bankrupt's discharge.
• Taylor v. Belle Jones
  112 Fla. 234· Fla.· 1933-10-04 ·cited 9×
  This case concerns whether a creditor's bill sufficiently alleged fraud to state a cause of action for setting aside a conveyance. The court held that the allegations were sufficient to support a claim of fraudulent conveyance, even without detailing specific evidentiary facts.
• Bank Leumi Tr. Co. of N.Y. v. Lang
  898 F. Supp. 883· S.D. Fla.· 1995-07-28 ·cited 8×
  The Florida homestead exemption protects property even if acquired to defraud creditors, but annuities purchased with intent to hinder creditors are not exempt.
• Rosen v. Bezner
  996 F.2d 1527· 3d Cir.· 1993-06-18 ·cited 8×
  The court held that summary judgment denying a debtor's discharge based on continuing concealment was improper because genuine issues of material fact existed regarding whether the debtor retained a secret property interest and whether any such concealment was motivated by an int
• 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
• 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.
• In re Olivier v. Olivier
  819 F.2d 550· 5th Cir.· 1987-06-18 ·cited 6×
  The court affirmed the denial of discharge, holding that the transfer of property with retained beneficial interest constituted continuing concealment with intent to hinder, delay, or defraud creditors, even if the transfer occurred more than a year before bankruptcy.
• G. L. Nicklaus in Bankr. of the Est. of Bronson Woodworth, Inc. v. Peoples Bank & Tr. Co.
  369 F.2d 683· 8th Cir.· 1966-12-14 ·cited 6×
  The court held that payments made by a bankrupt to satisfy an antecedent debt more than four months before bankruptcy, accepted in good faith without notice of fraud, do not constitute fraudulent conveyances under the Bankruptcy Act or Arkansas law.
• 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.
• Commonwealth Tr. Co. of Pittsburgh v. Reconstr. Fin. Corp.
  120 F.2d 254· 3d Cir.· 1941-04-24 ·cited 6×
  A pledge of future goods is valid against third parties if possession is delivered promptly upon production, considering the nature of the property and transaction.
• Godard v. Peyton C. Crenshaw
  136 Fla. 78· Fla.· 1938-08-01 ·cited 6×
  In this creditors' bill case, the Florida Supreme Court affirmed the dismissal of Godard's complaints alleging fraudulent conveyances. The Court held that Godard failed to adequately plead essential elements of a fraudulent transfer claim, specifically failing to allege that the
• 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
• In re Denis Edward Bowyer v. Denis Edward Bowyer
  916 F.2d 1056· 5th Cir.· 1990-11-14 ·cited 5×
  A debtor's conversion of non-exempt funds into exempt assets on the eve of bankruptcy, coupled with other actions like spending proceeds on non-recoverable items and satisfying a mortgage without demand, constitutes intent to hinder or delay creditors, precluding discharge under
• In re Saphire
  139 F.2d 34· 2d Cir.· 1943-11-02 ·cited 5×
  The court held that the evidence was sufficient to support the referee's findings that the bankrupt concealed property with intent to defraud creditors.
• Voest-Alpine Trading USA Corp. v. Vantage Steel Corp.
  919 F.2d 206· 3d Cir.· 1990-11-13 ·cited 4×
  The court held that the constructive trust imposed on the Stablers' interest in Vantage stock was an improper remedy for unsecured creditors of Paige, as it did not place them in the same position as before the fraudulent conveyance.
• In re Automated Bus. Sys., Inc. v. United States
  642 F.2d 200· 6th Cir.· 1981-03-11 ·cited 4×
  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.
• 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
• 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.
• 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.
• Al Rader v. Lichtenthal-Appellee
  306 F.2d 195· 2d Cir.· 1962-08-06 ·cited 2×
  The court held that the bankrupt's concealment of his beneficial interest in a restaurant business, through a sham transfer designed to defraud creditors, was sufficient grounds to deny his discharge under the Bankruptcy Act.
• In re Manasse. Manasse v. Wolf
  125 F.2d 647· 7th Cir.· 1942-02-11 ·cited 2×
  The court held that a bankrupt's detailed books are insufficient for discharge if they do not accurately reflect his financial condition and business transactions, especially when used to conceal assets.
• Cleveland v. Westport Recovery Corp.
  331 So. 3d 728· Fla. 4th DCA· 2021-12-08 ·cited 1×
  Westport Recovery Corporation sued Deborah Strong and her son Richard Cleveland under Florida's Uniform Fraudulent Transfer Act, alleging that Strong's sale of the 1906 Property to Cleveland for $100 was a fraudulent conveyance intended to hinder collection on Westport's judgment
• In re Denis Edward Bowyer v. Denis Edward Bowyer
  932 F.2d 1100· 5th Cir.· 1991-05-23 ·cited 1×
  The court held that the bankruptcy court's findings, when given proper deference, support the conclusion that the debtor did not intend to defraud creditors by converting non-exempt assets to exempt property before filing bankruptcy.
• In re MacQUOWN v. MacQUOWN
  717 F.2d 859· 3d Cir.· 1983-09-26 ·cited 1×
  The court held that for purposes of determining whether a transfer occurred within one year of bankruptcy under § 14(c)(4) of the Bankruptcy Act of 1898, the relevant date is when the deed is recorded, not when it is executed, especially when the transfer is gratuitous.
• The Florida Bar v. Herman
  Fla.· 2020-06-18
  The Florida Bar sought discipline against attorney Peter Herman for allegedly failing to disclose his anticipated bonus from a law firm fee in his Chapter 7 bankruptcy schedules. The Florida Supreme Court remanded the case to the referee for reconsideration, holding that Herman i
• Kapila v. Beahm (In Re Beahm)
  179 B.R. 329· S.D. Fla.· 1995-02-24
  The court held that the bankruptcy court erred in concluding it lacked authority to deny an exemption based on fraudulent conduct, and that Florida's fraudulent transfer statutes may apply.