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. 727.105

727.105 Actions against assignee.—

(1) An action may not be commenced against the assignee except as provided in this chapter, but nothing contained in this chapter affects any action or proceeding by a governmental unit to enforce such governmental unit’s police or regulatory power. Except in the case of a consensual lienholder enforcing its rights in personal property or real property collateral, there shall be no levy, execution, attachment, or the like in respect of any judgment against assets of the estate in the possession, custody, or control of the assignee.

(2) The assignee may:

(a) Rely on any outstanding court orders, judgments, decrees, and rules of law, and is not personally liable for the assignee’s own good faith compliance with any such orders, judgments, decrees, or rules of law.

(b) Rely on, and shall be protected in any action by, any resolution, certificate, statement, opinion, report, notice, consent, or other document believed by the assignee to be genuine and to have been signed or presented by the proper parties.

(3) The assignee is not personally liable for:

(a) The assignee’s good faith compliance with his or her duties and responsibilities as an assignee.

(b) The assignee’s acts or omissions, except upon a finding by the court presiding over an action or proceeding under this chapter that the assignee’s acts or omissions:

1. Were outside the scope of his or her duties;

2. Were grossly negligent; or

3. Constitute malfeasance.

(4)(a) Except for matters in paragraph (3)(b), any creditor or party in interest seeking to assert a claim against the assignee must look only to the assignment estate assets and any bond posted by the assignee to satisfy any liability, and the assignee is not personally liable to satisfy any such obligation.

(b) Any creditor or party in interest seeking to assert a claim against the assignee under paragraph (3)(b) must first obtain leave of the court presiding over the assignment action or proceeding based upon good cause shown.

(5) Any claim against the assignee, or any agent or professional of the assignee who assists the assignee in the administration of the estate, must be brought before the discharge of the assignee under s. 727.116 to the extent the claim has accrued and is predicated upon facts that are known or reasonably should have been known at the time of the discharge, at which point all such claims are deemed released and forever barred.

(6) This section does not alter or limit any other immunity otherwise held by the assignee or any agent or professional of the assignee who assists the assignee in the administration of the estate.

History.—s. 5, ch. 87-174; s. 5, ch. 2007-185; s. 3, ch. 2023-219.

F.S. 727.105 on Google Scholar

F.S. 727.105 on Casetext

Amendments to 727.105

Arrestable Offenses / Crimes under Fla. Stat. 727.105

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 727.105.

Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . See, e.g., § 727.105 (prohibiting levy, execution, attachment, or the-like against assets of the assignment . . .

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

. . . Section 727.105 provides, in pertinent part, Except in the case of a consensual lien-holder enforcing . . .

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

. . . In support of its argument, Moffatt directs our attention to section 727.105 of the Florida Statutes . . . See § 727.105, Fla. Stat. However, Moffatt is not a consensual lienholder within this section. . . . .

In GOLDBERG, L. v., 229 B.R. 877 (Bankr. S.D. Fla. 1998)

. . . transfer under Section 547 of the Bankruptcy Code, and upon fraudulent transfers under Florida Statutes §§ 727.105 . . . See Fla.Stat. §§ 727.105(l)(a) and (l)(b) and 726.106(1) (1997). . . .

CONSOLIDATION COAL COMPANY, v. CHUBB,, 741 F.2d 968 (7th Cir. 1984)

. . . . § 727.105(b)(2) provides that an employer notified under 20 C.F.R. § 727.105(b)(1) of potential liability . . .

DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, v. BETHLEHEM MINES CORPORATION, L. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, v. CONSOLIDATION COAL COMPANY, DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, v. CONSOLIDATION COAL COMPANY, C. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, v. HAWLEY COAL MINING CORPORATION, L., 669 F.2d 187 (4th Cir. 1982)

. . . . § 727.105. . . . .

DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, v. FORSYTH ENERGY, INC. C., 666 F.2d 1104 (7th Cir. 1981)

. . . . § 727.105 clearly imposes liability on operators for these claims. . . .