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Florida Statutes - Statute Of Frauds, Fraudulent Transfers, And General Assignments
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- Florida Statute Of Frauds, Fraudulent Transfers, And General Assignments Code Section 725.01; Promise to pay another's debt, etc.
No action shall be brought whereby to charge any executor or administrator upon any special promise to answer or pay any debt or damages out ...
- Florida Statute Of Frauds, Fraudulent Transfers, And General Assignments Code Section 725.03; Newspaper subscription.
No person shall be liable to pay for any newspaper, periodical or other like matter, unless the person shall subscribe for or order the same ...
- Florida Statute Of Frauds, Fraudulent Transfers, And General Assignments Code Section 725.04; Voluntary payment; pleading.
When a suit is instituted by a party to a contract to recover a payment made pursuant to the contract and by the terms of ...
- Florida Statute Of Frauds, Fraudulent Transfers, And General Assignments Code Section 725.05; Satisfaction for less than amount due.
When the amount of any debt or obligation is liquidated, the parties may satisfy the debt by a written instrument other than by endorsement on ...
- Florida Statute Of Frauds, Fraudulent Transfers, And General Assignments Code Section 725.06; Construction contracts; limitation on indemnification.
(1) Any portion of any agreement or contract for or in connection with, or any guarantee of or in connection with, any construction, alteration, repair, ...
- Florida Statute Of Frauds, Fraudulent Transfers, And General Assignments Code Section 725.07; Discrimination on basis of sex, marital status, or race forbidden.
(1) No person, as defined in s. 1.01(3) shall discriminate against any person based on sex, marital status, or race in the areas ...
- Florida Statute Of Frauds, Fraudulent Transfers, And General Assignments Code Section 725.08; Design professional contracts; limitation in indemnification.
(1) Notwithstanding the provisions of s. 725.06, if a design professional provides professional services to or for a public agency, the agency may require ...
- Florida Statute Of Frauds, Fraudulent Transfers, And General Assignments Code Section 726.101; Short title.
This act may be cited as the "Uniform Fraudulent Transfer ...
- Florida Statute Of Frauds, Fraudulent Transfers, And General Assignments Code Section 726.102; Definitions.
As used in ss. 726.101-726.112: (1) "Affiliate" means: (a) A person who directly or indirectly owns, controls, or holds with power to ...
- Florida Statute Of Frauds, Fraudulent Transfers, And General Assignments Code Section 726.103; Insolvency.
(1) A debtor is insolvent if the sum of the debtor's debts is greater than all of the debtor's assets at a fair ...
- Florida Statute Of Frauds, Fraudulent Transfers, And General Assignments Code Section 726.104; Value.
(1) Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt ...
- Florida Statute Of Frauds, Fraudulent Transfers, And General Assignments Code Section 726.105; Transfers fraudulent as to present and future creditors.
(1) A transfer made or obligation incurred by a debtor is fraudulent as to a creditor, whether the creditor's claim arose before or after ...
- Florida Statute Of Frauds, Fraudulent Transfers, And General Assignments Code Section 726.106; Transfers fraudulent as to present creditors.
(1) A transfer made or obligation incurred by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made or ...
- Florida Statute Of Frauds, Fraudulent Transfers, And General Assignments Code Section 726.107; When transfer made or obligation incurred.
For the purposes of ss. 726.101-726.112: (1) A transfer is made: (a) With respect to an asset that is real property other ...
- Florida Statute Of Frauds, Fraudulent Transfers, And General Assignments Code Section 726.108; Remedies of creditors.
(1) In an action for relief against a transfer or obligation under ss. 726.101-726.112, a creditor, subject to the limitations in s. ...
- Florida Statute Of Frauds, Fraudulent Transfers, And General Assignments Code Section 726.109; Defenses, liability, and protection of transferee.
(1) A transfer or obligation is not voidable under s. 726.105(1)(a) against a person who took in good faith and for a ...
- Florida Statute Of Frauds, Fraudulent Transfers, And General Assignments Code Section 726.110; Extinguishment of cause of action.
A cause of action with respect to a fraudulent transfer or obligation under ss. 726.101-726.112 is extinguished unless action is brought: (1) ...
- Florida Statute Of Frauds, Fraudulent Transfers, And General Assignments Code Section 726.111; Supplementary provisions.
Unless displaced by the provisions of ss. 726.101-726.112, the principles of law and equity, including the law merchant and the law relating ...
- Florida Statute Of Frauds, Fraudulent Transfers, And General Assignments Code Section 726.112; Uniformity of application and construction.
Chapter 87-79, Laws of Florida, shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the ...
- Florida Statute Of Frauds, Fraudulent Transfers, And General Assignments Code Section 726.201; Fraudulent loans void.
When any loan of goods and chattels shall be pretended to have been made to any person with whom or those claiming under her or ...
- Florida Statute Of Frauds, Fraudulent Transfers, And General Assignments Code Section 727.101; Intent of chapter.
The intent of this chapter is to provide a uniform procedure for the administration of insolvent estates, and to ensure full reporting to creditors and ...
- Florida Statute Of Frauds, Fraudulent Transfers, And General Assignments Code Section 727.102; Jurisdiction of proceedings and venue.
All proceedings under this chapter shall be subject to the order and supervision of the circuit court for the county where the petition is filed ...
- Florida Statute Of Frauds, Fraudulent Transfers, And General Assignments Code Section 727.103; Definitions.
As used in this chapter, unless the context requires a different meaning, the term: (1) "Asset" means a legal or equitable interest of the assignor ...
- Florida Statute Of Frauds, Fraudulent Transfers, And General Assignments Code Section 727.104; Commencement of proceedings.
(1)(a) An irrevocable assignment and schedules shall be made in writing, containing the name and address of the assignor and assignee and providing for ...
- Florida Statute Of Frauds, Fraudulent Transfers, And General Assignments Code Section 727.105; Proceedings against assignee.
No proceeding may be commenced against the assignee except as provided in this chapter, but nothing contained herein shall affect any action or proceeding by ...
- Florida Statute Of Frauds, Fraudulent Transfers, And General Assignments Code Section 727.106; Turnover.
Any person or entity, other than a creditor, in possession, custody, or control of assets of the estate shall, upon notice by the assignee of ...
- Florida Statute Of Frauds, Fraudulent Transfers, And General Assignments Code Section 727.107; Duties of assignor.
The assignor shall: (1) Assist the assignee in the administration of the estate and comply with all orders of the court; (2) Upon delivery of ...
- Florida Statute Of Frauds, Fraudulent Transfers, And General Assignments Code Section 727.108; Duties of assignee.
The assignee shall: (1) Collect and reduce to money the assets of the estate, whether by suit in any court of competent jurisdiction or by ...
- Florida Statute Of Frauds, Fraudulent Transfers, And General Assignments Code Section 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; (...
- Florida Statute Of Frauds, Fraudulent Transfers, And General Assignments Code Section 727.110; Actions by assignee and other parties in interest.
(1) All matters requiring court authorization under this chapter shall be brought by motion, except for the following matters, which shall be brought by supplemental ...
- Florida Statute Of Frauds, Fraudulent Transfers, And General Assignments Code Section 727.111; Notice.
(1) The assignee shall give notice of the assignment by publication in a newspaper of general circulation published in the county where the petition is ...
- Florida Statute Of Frauds, Fraudulent Transfers, And General Assignments Code Section 727.112; Proof of claim.
(1) All claims other than claims of creditors with liens on assets of the estate, whether contingent, liquidated, unliquidated, or disputed, which arose prior to ...
- Florida Statute Of Frauds, Fraudulent Transfers, And General Assignments Code Section 727.113; Objections to claims.
At any time prior to the entry of an order approving the assignee's final report, the assignee or any party in interest may file ...
- Florida Statute Of Frauds, Fraudulent Transfers, And General Assignments Code Section 727.114; Priority of claims.
Allowed claims shall receive distribution under this chapter in the following order of priority and, with the exception of subsection (1), on a pro rata ...
- Florida Statute Of Frauds, Fraudulent Transfers, And General Assignments Code Section 727.115; Resignation or removal of assignee.
(1) The court shall remove or replace the assignee on application of the assignor, of the assignee, or of any creditor, or on its own ...
- Florida Statute Of Frauds, Fraudulent Transfers, And General Assignments Code Section 727.116; Assignee's final report and discharge.
(1) Upon distribution of all assets of the estate, the assignee shall petition the court for his or her discharge upon notice and a hearing ...
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Last modified: November 21, 2006
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