Reasonably Equivalent Value

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

• In re Chase & Sanborn Corp. v. Arab Banking Corp.
  904 F.2d 588· 11th Cir.· 1990-06-27 ·cited 87×
  The court held that the bankruptcy court erred in finding that loan payments were a contemporaneous exchange for new value, making them voidable preferences, and that ABC was the initial transferee of those payments.
• Amjad Munim, M.D., P.A. v. George Azar, M.D.
  648 So. 2d 145· Fla. 4th DCA· 1994-08-24 ·cited 62×
  Dr. Azar was wrongfully terminated by his employer, Dr. Munim's professional association (Munim, P.A.), sixteen days before earning a substantial bonus at the end of the second year of a three-year employment contract. The court affirmed the finding of breach and awarded damages,
• In re Madrid v. Lawyers Title Ins. Corp.
  725 F.2d 1197· 9th Cir.· 1984-02-13 ·cited 34×
  A nonjudicial foreclosure sale is not a voidable transfer under 11 U.S.C. § 548 if the debtor did not participate in the transaction.
• In re Edward M. Johnson & Assocs., Inc. v. Johnson
  845 F.2d 1395· 6th Cir.· 1988-05-04 ·cited 22×
  The court held that J&A was an intended third-party beneficiary of the stock sale contract, reversing the district court's decision on this point, but remanded issues regarding failure of consideration defenses. The court also reversed the district court's factual finding on unpa
• In re Bundles v. Baker
  856 F.2d 815· 7th Cir.· 1988-08-25 ·cited 19×
  The court held that the sale price at a regularly conducted, noncollusive foreclosure sale is not automatically deemed reasonably equivalent value under section 548(a)(2)(A) of the Bankruptcy Code.
• Nationsbank, N.A. v. Coastal Utils., Inc.
  814 So. 2d 1227· Fla. 4th DCA· 2002-05-01 ·cited 18×
  NationsBank, as a judgment creditor against Michael Iacobelli, sought to recover funds that Iacobelli's wife Patricia Maczko withdrew from a joint tenancy account. The court reversed summary judgment for Maczko, holding that factual issues remain regarding whether the withdrawal
• In re Fundamental Long Term Care, Inc. v. Rubin Schron
  873 F.3d 1325· 11th Cir.· 2017-10-19 ·cited 16×
  The Eleventh Circuit affirmed the dismissal of all claims against real-estate investor Rubin Schron in a complex bankruptcy adversary proceeding arising from a "bust-out" scheme in which nursing-home operators transferred assets to judgment-proof entities to evade liability for $
• In re Greenbrook Carpet Co., Inc. v. The Nat'l City Bank OF Rome
  722 F.2d 659· 11th Cir.· 1984-01-03 ·cited 16×
  The court held that the bankruptcy court's finding of reasonably equivalent value was not clearly erroneous, and thus the payments were not fraudulent transfers.
• In re Morris Commc'ns NC, Inc. v. Ashley Commc'ns, Inc.
  914 F.2d 458· 4th Cir.· 1990-10-25 ·cited 14×
  The court held that the bankruptcy judge erred in voiding the transfer of corporate stock for less than reasonably equivalent value, as the transaction was an arm's length bargain between parties with no superior knowledge, and the valuation method was flawed.
• David G. Gray in Bankruptcy for Jerald M. Snyder v. Snyder
  704 F.2d 709· 4th Cir.· 1983-04-01 ·cited 12×
  The court held that a wife's release of marital support rights can constitute 'value' under 11 U.S.C. § 548, but the validity and "reasonably equivalent value" of such a release must be determined on remand.
• In re Rodriguez v. Murphy
  895 F.2d 725· 11th Cir.· 1990-03-01 ·cited 11×
  The court held that payments made by a debtor holding company for its subsidiary's loan, where the debtor received no direct or indirect economic benefit and the subsidiary's corporate veil was not pierced, did not constitute reasonably equivalent value and could be voided by the
• In re Northlake Foods v. Stephens
  715 F.3d 1251· 11th Cir.· 2013-05-06 ·cited 10×
  A bankruptcy trustee sought to recover a dividend paid by an S corporation to a shareholder, claiming it was a fraudulent transfer because the corporation did not receive reasonably equivalent value. The court held that the corporation received reasonably equivalent value through
• Covey v. Jobst & Sons, Inc.
  960 F.2d 657· 7th Cir.· 1992-04-03 ·cited 10×
  The court held that when valuing a contingent liability for the purpose of determining insolvency under § 548(a)(2)(B)(i), the debtor's perspective must be used, meaning the value of the guarantee is not capped by the guarantor's net assets. The court also held that a creditor's
• In re Hulm v. Hulm
  738 F.2d 323· 8th Cir.· 1984-07-05 ·cited 10×
  A mortgage foreclosure under North Dakota law effects a transfer of a debtor's interest in property under 11 U.S.C. § 548(a), and the price received at such a sale does not automatically constitute reasonably equivalent value without an evidentiary hearing.
• Paragon Health Servs., Inc. v. Cent. Palm Beach Cmty. Mental Health Ctr., Inc.
  859 So. 2d 1233· Fla. 4th DCA· 2003-11-12 ·cited 9×
  Paragon Health Services, as assignee of a judgment creditor, appealed a summary judgment dismissing its fraudulent transfer claims against corporate officers and their wives under Florida's Uniform Fraudulent Transfer Act. The court affirmed dismissal of claims based on anteceden
• Harpley v. A.G. Edwards & Sons
  268 B.R. 620· M.D. Fla.· 2001-10-15 ·cited 9×
  The court held that 11 U.S.C. § 548(d)(2)(B) does not protect a commodity broker from liability for receiving a fraudulent transfer when the debtor's funds were used for a personal trading account of the debtor's principal, not for the debtor's own benefit or obligation. The cour
• Mane FL Corp v. Cale Beckman
  355 So. 3d 418· Fla. 4th DCA· 2023-01-04 ·cited 8×
  The appellate court affirmed a summary judgment ruling that a transfer of a condominium unit to Mane FL Corp. was a fraudulent transfer under Florida's Uniform Fraudulent Transfer Act. The court found that seven "badges of fraud" supported the conclusion that the transfer was mad
• Wiand v. Waxenberg
  611 F. Supp. 2d 1299· M.D. Fla.· 2009-03-19 ·cited 8×
  The court granted summary judgment for the defendant on constructive fraud claims for return of principal and on unjust enrichment claims for transfers from specific accounts, but denied summary judgment on other claims due to disputed issues of material fact.
• Levin v. Ethan Allen, Inc.
  823 So. 2d 132· Fla. 4th DCA· 2002-04-17 ·cited 8×
  Ethan Allen sought to recover a judgment against Georgetown Manor by challenging fraudulent transfers of real property made by the Levins (Georgetown's owners) during the appeal of a tortious interference lawsuit. The court affirmed the finding of fraudulent transfer regarding th
• In re United Energy Corp. v. C.H. Rider & Fam.
  944 F.2d 589· 9th Cir.· 1991-09-13 ·cited 7×
  The court held that payments made by a debtor in a Ponzi scheme to investors can constitute reasonably equivalent value if they satisfy or reduce the investors' restitution claims arising from the fraudulent investment, and thus are not avoidable as fraudulent transfers.
• Mansolillo v. Parties BY Lynn, Inc.
  753 So. 2d 637· Fla. 3d DCA· 2000-03-01 ·cited 6×
  Angelina Mansolillo, an officer and director of Stanley Roofing Company, appeals a judgment against her for fraudulent conveyance of company assets (eight trucks worth $42,500) to herself when the company was insolvent. The court affirmed, holding that the transfer violated Flori
• 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
• 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
• Barrett v. Commonwealth Fed. Sav. & Loan Ass'n
  939 F.2d 20· 3d Cir.· 1991-07-12 ·cited 6×
  The court held that the district court correctly upheld the foreclosure sale, finding that the sale price, when considered under the totality of the circumstances and in the context of a foreclosure sale, constituted reasonably equivalent value under 11 U.S.C. § 548(a)(2).
• In re Agric. Research & Tech. Grp., Inc. v. Palm Seedlings Partners-A
  916 F.2d 528· 9th Cir.· 1990-10-09 ·cited 6×
  The court held that transfers made as part of a Ponzi scheme, without reasonably equivalent value and with actual intent to defraud creditors, are avoidable by a bankruptcy trustee.
• In re Emerald OIL Co. v. Bennett
  807 F.2d 1234· 5th Cir.· 1987-01-20 ·cited 6×
  The court held that the district court did not abuse its discretion in reversing the bankruptcy court's approval of a compromise, as the trustee had a strong case for avoiding the transfer of the working interest to Mrs. Bennett.
• 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
• 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
• 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
• 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 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.
• Butler v. Lomas & Nettleton Co.
  862 F.2d 1015· 3d Cir.· 1988-12-07 ·cited 4×
  A transfer under 11 U.S.C. § 548(d)(1) is perfected when it becomes unassailable by a bona fide purchaser, which in Pennsylvania for real property occurs upon recording of the deed or at the sheriff's sale, not upon delivery of the deed.
• Zaki Kulaibee Establishment v. McFLICKER
  788 F. Supp. 2d 1363· S.D. Fla.· 2011-04-25 ·cited 3×
  The court held that genuine issues of material fact preclude summary judgment on several breach of contract claims, including failure to pay amounts owed, failure to provide documentation (as to damages), failure to pay out insurance proceeds, inflated warehouse costs, sham trans
• 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.
• 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.
• 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
• In re Besing v. Lyn Noble Hawthorne
  981 F.2d 1488· 5th Cir.· 1993-02-04 ·cited 3×
  The court held that the extinguishment of claims by a state court judgment does not constitute a 'transfer' of property under § 548 of the Bankruptcy Code.
• Arbor Grove Dev., LLC v. ECS1, Inc.
  425 So. 3d 699· Fla. 3d DCA· 2025-11-12 ·cited 2×
  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
• 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.
• 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
• 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
• In re Loyal Cheese Co., Inc. v. Wood Cnty. Nat'l Bank & Tr. Co.
  969 F.2d 515· 7th Cir.· 1992-07-30 ·cited 2×
  The court held that payments made on a fully secured debt constitute reasonably equivalent value and that the trustee failed to prove insolvency or unreasonably small capital under the Wisconsin Fraudulent Conveyance Act.
• In re Da-Sota Elevator Co. v. FM Da-Sota Elevator Co.
  939 F.2d 654· 8th Cir.· 1991-07-30 ·cited 2×
  The court held that elevator maintenance contracts constitute property interests includible in a bankruptcy estate and that their transfer can be avoided under 11 U.S.C. § 548(a)(2) if for less than reasonably equivalent value.
• 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.
• Rodriguez v. Nieves
  75 So. 3d 339· Fla. 3d DCA· 2011-11-16 ·cited 1×
  The court held that the plaintiffs failed to establish the third element of a fraudulent transfer claim: that the transfer was made without receiving reasonably equivalent value.
• United States v. Kapila
  402 B.R. 56· S.D. Fla.· 2008-08-18 ·cited 1×
  An insolvent taxpayer's irrevocable election to waive a Net Operating Loss (NOL) carry-back within one year of filing for bankruptcy can be avoided as a fraudulent transfer under 11 U.S.C. § 548.
• Jacob v. Yisrael Taussig et. al.
  M.D. Fla.· 2025-11-24
  The court recommended granting default judgment in part for fraudulent transfer and conspiracy to defraud claims, allowing voidance of certain property transfers and the right to levy execution, but denying other claims and damages.
• Stermer v. Old Republic Nat'l Title Ins. Co.
  11th Cir.· 2025-11-24
  The Eleventh Circuit affirmed the district court's judgment, holding that the bankruptcy court did not err in finding that the debtor received reasonably equivalent value for the transferred assets and in rejecting the successor liability and alter ego claims.
• In re Richert Funding, LLC v. Soneet R. Kapila
  M.D. Fla.· 2025-09-29
  The court affirmed the bankruptcy court's findings on fraudulent transfer claims but reversed the order limiting where the judgment could be filed, and affirmed the dismissal of contract claims to prevent double recovery.