The 2023 Florida Statutes (including Special Session C)

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

Chapter 727
GENERAL ASSIGNMENTS

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F.S. 727.103

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, which includes anything that may be the subject of ownership, whether real or personal, tangible or intangible, including claims and causes of action, whether arising by contract or in tort, wherever located, and by whomever held at the date of the assignment, except property exempt by law from forced sale.

(2) “Assignee” means a natural person solely in such person’s capacity as an assignee for the benefit of creditors under the provisions of this chapter, which assignee shall not be a creditor or an equity security holder or have any interest adverse to the interest of the estate.

(3) “Assignor” means the person or entity that has executed and delivered the assignment to the assignee.

(4) “Assignment” means an assignment for the benefit of creditors made under this chapter.

(5) “Claims bar date” means the date that is 120 days after the date on which the petition is filed with the court.

(6) “Consensual lienholder” means a creditor that has been granted a security interest or lien in personal property or real property of the assignor prior to the date on which a petition is filed with the court and whose security interest or lien has been perfected in accordance with applicable law.

(7) “Court” means the circuit court where the petition is filed in accordance with s. 727.104(2).

(8) “Creditor” means any person having a claim against the assignor, whether such claim is contingent, liquidated, unliquidated, or disputed.

(9) “Estate” means all of the assets of the assignor.

(10) “Filing date” means the date upon which the original petition is filed in accordance with s. 727.104(2).

(11) “Lien” means a charge against or an interest in property to secure payment of a debt or performance of an obligation, and includes a security interest created by agreement, a judicial lien obtained by legal or equitable process or proceedings, a common-law lien, or a statutory lien.

(12) “Liquidation value” means the value in cash obtainable upon a forced sale of assets after payment of valid liens encumbering said assets.

(13) “Negative notice” means notice as set forth in s. 727.111(4) which, unless a response is filed within 21 days after the date of service thereof, allows certain actions set forth in the notice to occur.

(14) “Petition” means the initial document filed with the court, as set forth in s. 727.104(2), establishing the court’s jurisdiction under this chapter.

History.—s. 3, ch. 87-174; s. 1, ch. 89-54; s. 3, ch. 2007-185; s. 1, ch. 2013-244.

F.S. 727.103 on Google Scholar

F.S. 727.103 on Casetext

Amendments to 727.103

Arrestable Offenses / Crimes under Fla. Stat. 727.103

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 727.103.

Annotations, Discussions, Cases:

Cases from cite.case.law:

UNITED STATES v. F. SPOOR, P. TRUSTEE OF LOUISE PAXTON GALLAGHER REVOCABLE TRUST, LLC,, 838 F.3d 1197 (11th Cir. 2016)

. . . . § 727.103(11) (“‘Lien’ means a charge against or an interest in property to secure payment of a debt . . .

AKIN BAY COMPANY, LLC, v. J. VON KAHLE,, 180 So. 3d 1180 (Fla. Dist. Ct. App. 2015)

. . . . § 727.103(1). Collectively, these assets create an “estate.” § 727.103. . . .

SMITH, v. EFFECTIVE TELESERVICES, INC. a n k a LLC, a LLC, a F., 133 So. 3d 1048 (Fla. Dist. Ct. App. 2014)

. . . . § 727.103(1), Fla. Stat. (2010) (emphasis added). . . . assignor’s equitable interest in the property so transferred is an asset of the estate under section 727.103 . . . Such an “equitable ownership” is contemplated within the section 727.103(1) definition of “asset”; it . . . Etech Texas, so that the equitable interest was an asset of the estate under sections 727.104(l)(b), 727.103 . . . (9), and 727.103(1). . . .

In VELEZ, 465 B.R. 912 (Bankr. S.D. Fla. 2012)

. . . Section 727.103 defines “assignment” as “an assignment for the benefit of creditors made under this chapter . . .

MOFFATT NICHOL, INC. v. B. E. A. INTERNATIONAL CORP. INC., 48 So. 3d 896 (Fla. Dist. Ct. App. 2010)

. . . In this revision, the definition of “asset” in section 727.103(1), was expanded to include, for the first . . . and by whomever held at the date of the assignment, except property exempt by law from forced sale. § 727.103 . . . as it presently exists, the assignor conveys to the assignee all of its assets as defined in section 727.103 . . . See § 727.103(9), Fla. Stat. (2008). . . . court and whose security interest or lien has been perfected in accordance with applicable law." § 727.103 . . .

COWAN LIEBOWITZ LATMAN, P. C. v. KAPLAN,, 902 So. 2d 755 (Fla. 2005)

. . . .” § 727.103(1), Fla. Stat. (2000). . . .

HILLSBOROUGH COUNTY, v. LANIER, CPA, A E, 898 So. 2d 141 (Fla. Dist. Ct. App. 2005)

. . . The term "estate” is defined in section 727.103(7) as "all of the assets of the assign- or.” . . . .

MOECKER, v. ANTOINE, M., 845 So. 2d 904 (Fla. Dist. Ct. App. 2003)

. . . A “creditor” is defined in section 727.103(6) as “any person having a claim against the assignor, whether . . .

CHAMPAIGN NATIONAL BANK, v. SOS INDUSTRIES, INC., 815 So. 2d 725 (Fla. Dist. Ct. App. 2002)

. . . Section 727.103(2) defines the term “as-signee” for the chapter, specifically provid- . ing “which assignee . . .

HELEN MINING COMPANY v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, 924 F.2d 1269 (3d Cir. 1991)

. . . . § 727.103(c) (1990) (Emphasis added.) . . . Part B claims belongs to the claimant — it is “his or her right to review_” 20 C.F.R. § 410.705(c), § 727.103 . . . See 20 C.F.R. § 410.705(c), § 727.103(c) (“unless the period is enlarged for good cause shown ... ”) . . . request a finding of “good cause” for failure to seek timely review, see 20 C.F.R. § 410.705(c), § 727.103 . . . . § 727.103(c) (1990); see also Majority Op. at 1273-1274. . . . See 20 C.F.R. §§ 410.705(c) & 727.103(c). ’ SSA’s and DOL’s twin regulations governing duplicate claims . . .

MILAM, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR,, 874 F.2d 223 (4th Cir. 1989)

. . . . § 727.103(d) prohibits duplicative receipt of cash benefits under Parts B and C of the Act, Milam contends . . .

EARL PATTON COAL COMPANY c o v. PATTON,, 848 F.2d 668 (6th Cir. 1988)

. . . . §§ 410.705(c) and 727.103(c). . . .

OLD BEN COAL COMPANY, v. H. LUKER, 826 F.2d 688 (7th Cir. 1987)

. . . . §§ 410.705(c), 725.309(c), (d), and 727.103(c). . . .