Florida Statutes Title XLI Chapter 727 - General Assignments
- 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...
- 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...
- 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 in property,...
- 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 an equal...
- 727.105 - Proceedings Against Assignee.
Proceedings may not be commenced against the assignee except as provided in this chapter, but nothing contained in this chapter affects any action or proceeding...
- 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...
- 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 the assignment to the...
- 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 public or...
- 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) Upon notice and a hearing, if...
- 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 proceeding,...
- 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 filed...
- 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 the...
- 727.113 - Objections To Claims.
(1) At any time before the entry of an order approving the assignee’s final report, the assignee or any party in interest may file with the...
- 727.114 - Priority Of Claims.
Allowed claims shall receive distribution under this chapter in the following order of priority and, with the exception of paragraph (1)(a), on a pro rata...
- 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 motion,...
- 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 in...
- 727.117 - Assignee’s Deed Form.
(1) If an assignee sells real property of the estate, the deed shall be in substantially the following form:ASSIGNEE’S DEEDThis Assignee’s Deed is made and executed...
Last modified: September 23, 2016