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S.D. Fla.·
2025-08-18
The court recommended granting in part and denying in part the motion to strike affirmative defenses, treating some as denials and upholding others.
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M.D. Fla.·
2024-12-23
The court held that a motion to dismiss based on asset exemptions is premature when the governing law for those exemptions is disputed and the complaint plausibly states a claim under the law of the jurisdiction with the most significant relationship to the transfer.
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S.D. Fla.·
2024-08-28
The court recommended granting the motion to dismiss the supplemental complaint with leave to amend because it failed to sufficiently plead fraudulent transfer claims and constituted a shotgun pleading.
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M.D. Fla.·
2024-03-31
A bankruptcy trustee for Universal Health Care Group brought fraudulent transfer claims against private equity firm Warburg Pincus and its investment fund over a 2011 stock redemption funded by debt, along with breach of fiduciary duty claims against Warburg and its representativ
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Fla. 4th DCA·
2024-02-21
A claim for fraudulent transfer under Florida's Uniform Fraudulent Transfer Act is a separate and distinct cause of action from common law fraud and corporate veil piercing, and therefore prior rulings rejecting those claims do not bar a subsequent fraudulent transfer claim under
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M.D. Fla.·
2023-10-31
The district court reversed the bankruptcy court's dismissal, holding that the Rooker-Feldman doctrine did not bar the claims because the appellant was not a party to the state court foreclosure judgment, and remanded the fraudulent transfer claim for further consideration.
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M.D. Fla.·
2023-10-27
The court held that while the plaintiff is the prevailing party entitled to costs, the award is reduced by half due to the close nature of the case and the defendants' good faith, and certain costs require amendment for adequate proof.
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M.D. Fla.·
2023-09-07
The court held that the defendant provided reasonably equivalent value and acted in good faith for most of the transfers, thus voiding them only to a limited extent.
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Del. Ch.·
2023-09-05
The Delaware Court of Chancery granted in part and denied in part the defendants' motions to dismiss. The court dismissed all claims against Black Diamond Capital Management, L.L.C., finding veil piercing unavailable and the transfer beneficiary claim under DUFTA unsupported. Cla
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M.D. Fla.·
2023-08-15
The court held that the Receiver is entitled to summary judgment on his claim for fraudulent transfers under the Florida Uniform Fraudulent Transfer Act, as the defendants received false profits from a Ponzi scheme and failed to establish affirmative defenses of good faith or rea
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M.D. Fla.·
2023-07-11
The court held that the plaintiff's First Amended Complaint sufficiently alleged claims under Florida's Uniform Fraudulent Transfer Act (FUFTA) to withstand a motion to dismiss.
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M.D. Fla.·
2023-06-15
Regions Bank sought to recover over $14 million in judgments from debtor William P. McCuan by avoiding multiple asset transfers made between 2008 and 2012 as fraudulent under Florida law and the Bankruptcy Code. The District Court affirmed the Bankruptcy Court's judgment in favor
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M.D. Fla.·
2023-01-27
Genuine issues of material fact exist regarding whether defendants provided reasonably equivalent value and acted in good faith, precluding summary judgment on fraudulent transfer and unjust enrichment claims.
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S.D. Fla.·
2022-05-12
The court held that the defendants' motions to dismiss were granted in part and denied in part, denying collateral estoppel and indispensable party defenses, and finding the alter ego and fraudulent transfer claims sufficiently pleaded.
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S.D. Fla.·
2022-05-02
The court denied eCapital's motion for summary judgment because genuine disputes of material fact exist regarding whether GMF received reasonably equivalent value for the transfers, a key element for constructive fraudulent transfer claims.
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M.D. Fla.·
2022-03-29
Summary judgment was granted against individual defendants for actual fraudulent transfers, and default judgment was entered against Accessory 4G LLC.
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M.D. Fla.·
2021-11-22
The Court held that the bankruptcy court's order was not a final, appealable order because it did not resolve all claims or parties and lacked Rule 54(b) certification, thus dismissing the appeal for lack of appellate jurisdiction.
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Del. Super. Ct.·
2021-06-02
The Court denied in part and granted in part the defendants' motion to dismiss. The court found that it had personal jurisdiction over JH, that CIBC adequately pleaded damages, and that the fraudulent transfer, breach of contract (as to certain agreements), and unjust enrichment
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M.D. Fla.·
2020-12-22
The court held that it has subject matter jurisdiction and that the plaintiff has stated plausible claims for fraudulent transfer under the Florida Uniform Fraudulent Transfer Act, denying in part the defendants' motion to dismiss.
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S.D. Fla.·
2020-09-25
The court granted in part and denied in part the motion to dismiss, finding the receiver has standing for FUFTA claims but must amend to adequately plead the creditor-debtor relationship and other deficiencies.
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M.D. Fla.·
2020-05-19
The court denied the motion to dismiss but sua sponte dismissed the complaint due to shotgun pleading, ordering the United States to file an amended complaint.
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Del. Ch.·
2019-11-01
The Court of Chancery granted in part the defendants' motion to dismiss, dismissing counts alleging fraudulent transfers, breach of fiduciary duties, shareholder oppression, and breach of the implied covenant of good faith and fair dealing. The court found that the plaintiff fail
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Del. Ch.·
2013-01-25
The Delaware Court of Chancery found that the defendant breached the joint venture agreement and fiduciary duties by usurping corporate opportunities. The court interpreted the agreement broadly, finding that the defendant's actions in acquiring companies within the joint venture
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Del. Ch.·
2012-08-28
The Court of Chancery denied motions to dismiss for lack of personal jurisdiction as to Integra Group, Inc. (Integra) but granted them as to Blue Chip Venture Company, Ltd. (BCV) and Blue Chip Capital Fund II Limited Partnership (BC2). The court also denied Integra's motion to di
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951 So. 2d 1026·
Fla. 4th DCA·
2007-03-28
The court held that a promise of future, uncertain royalties does not constitute reasonably equivalent value for a transfer under the Uniform Fraudulent Transfer Act when the transferor is insolvent.
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708 So. 2d 607·
Fla. 2d DCA·
1998-02-27
In this fraudulent transfer action under Florida's Uniform Fraudulent Transfer Act, the court affirmed that payments to Drs. Myers and Crick from their medical practice were fraudulent transfers, but reversed the trial court's decision to set aside transfers beyond the amount nec
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1997 U.S. Dist. LEXIS 21749·
S.D. Fla.·
1997-08-26
The bankruptcy court's findings of fact and conclusions of law are reversed because the trustee established a prima facie case of fraudulent transfer, and the matter is remanded for trial.
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681 So. 2d 1164·
Fla. 5th DCA·
1996-09-20
The court held that the record did not support the determination that Sobik's Franchises received reasonably equivalent value for the transfer of its franchise agreements.
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677 So. 2d 373·
Fla. 3d DCA·
1996-07-10
Affirmed judgment that fraudulently transferred partnership interest proceeds must be held in trust for judgment creditor, where subsequent sale by transferees to innocent third parties for reasonably equivalent value was not itself fraudulent.
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999 F.2d 216·
7th Cir.·
1993-07-08
The court held that the receiver has standing to assert fraudulent conveyance claims on behalf of defrauded partners and that disputed factual issues regarding the alleged looting of Equity preclude summary judgment for foreclosure.
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994 F.2d 706·
9th Cir.·
1993-06-02
The court held that the payment of a partially time-barred debt can still constitute 'reasonably equivalent value' under California's Uniform Fraudulent Transfer Act, preserving prior case law.
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967 F.2d 1126·
7th Cir.·
1992-07-09
Assuming the new value exception to the absolute priority rule survives the Bankruptcy Code of 1978, the Debtors' proposed contribution of $30,000 cash and a lien release on machinery was insufficient to qualify.
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966 F.2d 414·
8th Cir.·
1992-06-09
An assignment of future funds, where the debtor has an obligation to pay the funds and the creditor has an obligation to credit the debt upon receipt, is an executory contract that is deemed rejected by the trustee if not assumed within 60 days of filing a Chapter 7 petition.
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926 F.2d 762·
8th Cir.·
1991-02-26
The district court correctly concluded that the bankruptcy court could not conduct hearings on the value of the property under sections 548 and 549, and that cause existed for relief from the stay.