3rd District Court of Appeal issued Jan 31st 2018, you can read it online for free by going to the 3rd District Court of Appeals website and clicking on opinions and then scrolling down to the date. So if you are involved in a fraudulent transfer case, if you are involved a motion for summary judgement, consider reading the Gorrin case vs. We know that anyway right, appellate opinions in Florida for years have said that summary judgement motion is really not appropriate and when there are issues of fraud because they are so fact intensive that the judge should really hear all the evidence, all the documents, all the witnesses and that you shouldn’t be winning a summary judgement motion, in essence a trial, by affidavits and depositions. Fraudulent Transfer and Summary Judgement and why summary judgement is not appropriate in most fraudulent transfer cases. If you are involved in a fraudulent transfer case, if you are involved a summary judgement case there is a very recent ruling from Jan 31st 2018 from the Miami Appellate Court, the 3rd District Court of Appeal that deals with those 2 issues. Generally, the analysis of fraudulent conveyances involves the determination and testing of whether a transfer meets the criteria of either actual or constructive fraud. Our firm is composed of appellate and litigation attorneys who handle matters throughout the state of Florida. Every person who shall be a party to any fraudulent conveyance of any lands, tenements or hereditaments, goods or chattels, or any right or interest issuing out of the same, or to any bond. Hello, my name is John Pankauski, I’m a litigator with Pankauski Hauser in downtown West Palm Beach, Florida. When do you prevail on a summary judgement motion in a fraudulent transfer case. Summary judgement and fraudulent transfer cases in Florida. In Bankruptcy, the Bankruptcy Trustee may seek to avoid certain transfers by employing the same Statute. When do you prevail on a summary judgement motion on a fraudulent transfer case? The second remedy designed to assist creditors in recovering assets fraudulently transferred is Florida Statute 726, entitled the Florida Uniform Transfer Act. A Creditor outside of Bankruptcy can bring an action against a Debtor, to seek to void any transfer that may be deemed to be a Fraudulent Transfer under Section 726 of the Florida Statutes.
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