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Florida Statute Of Frauds, Fraudulent Transfers, And General Assignments Code Section 727.109 - General Assignments - Power of the court.

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Title XLI   STATUTE OF FRAUDS, FRAUDULENT TRANSFERS, AND GENERAL ASSIGNMENTS

Chapter 727   GENERAL ASSIGNMENTS

727.109  Power of the court.--The court shall have power to:

(1)  Enforce all provisions of this chapter;

(2)  Set, approve, or reconsider the amount of the assignee's bond;

(3)  Authorize the business of the assignor to be conducted for limited periods by the assignee, if in the best interest of the estate;

(4)  Allow or disallow claims against the estate and determine their priority;

(5)  Determine any claims of exemption by the assignor, if disputed;

(6)  Hear and determine any of the following actions brought by the assignee, which she or he is hereby empowered to maintain:

(a)  Enforce the turnover of assets of the estate pursuant to s. 727.106;

(b)  Determine the validity, priority, and extent of a lien or other interests in assets of the estate, or to subordinate or avoid an unperfected security interest pursuant to the assignee's rights as a lien creditor under s. 679.301;

(c)  Avoid any conveyance or transfer void or voidable by law;

(7)  Approve the assignee's final report and interim and final distributions to creditors;

(8)  Approve reasonable fees and the reimbursement of expenses for the assignee and all professional persons retained by the assignee, upon objection of a party in interest or upon the court's own motion;

(9)  Hear and determine any motion brought by a party in interest or by the court to close the estate after the passage of 1 year from the date of filing of the petition;

(10)  Discharge the assignee and the assignee's surety from liability upon matters included in the assignee's final report;

(11)  Reopen estates for cause shown;

(12)  Punish by contempt any failure to comply with the provisions of this chapter or any order of the court made pursuant to this chapter; and

(13)  Exercise such other and further powers as are necessary to enforce or carry out the provisions of this chapter.

History.--s. 9, ch. 87-174; s. 942, ch. 97-102.

Last modified: November 29, 2006