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. 727.112

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 filing date, must be filed in accordance with the provisions of this chapter, and any such claim not so filed is barred from any further recovery against the estate.

(2) Claims shall be filed by delivering the claim to the assignee within 120 days from the filing date unless for cause shown.

(3) Claims shall be in written form entitled “proof of claim,” setting forth the name and address of the creditor and the nature and amount of the claim, and executed by the creditor or the creditor’s authorized agent.

(4) When a claim or an interest in property of the assignor securing the claim is based on a writing, the original or a copy of such writing shall be filed with the proof of claim, together with evidence of perfection of any security interest, if applicable.

(5) A proof of claim, executed and delivered in accordance with this section, shall constitute prima facie evidence of the validity and amount of the claim.

(6) If a claim for damages results from the assignee’s rejection of a lease of real property, the claim shall be limited to:

(a) The rent reserved by such lease, without acceleration, for the greater of 1 year or 15 percent of the remaining term of the lease, following the earlier of the date of assignment or the date on which the lessor repossessed, or the lessee surrendered, the leased property; and

(b)1. Any unpaid rent due under the lease, without acceleration, on the earlier of the dates specified in paragraph (a);

2. Reasonable attorney’s fees and costs incurred by the lessor in connection with the lease; and

3. The lessor’s reasonable costs incurred in reletting the premises previously leased by the assignor.

(7) If a claim for damages results from the termination of an employment contract, the claim shall be limited to:

(a) The compensation provided by the contract, without acceleration, for 1 year following the earlier of the date of assignment or the date on which the assignor or assignee, as applicable, directed the employee to terminate, or such employee terminated, performance under the contract; and

(b) Any unpaid compensation due under the contract, without acceleration, on the earlier of the dates specified in paragraph (a).

History.—s. 12, ch. 87-174; s. 10, ch. 2007-185.

F.S. 727.112 on Google Scholar

F.S. 727.112 on Casetext

Amendments to 727.112

Arrestable Offenses / Crimes under Fla. Stat. 727.112

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 727.112.

Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . date that the chapter 727 petition is filed or the claim will be barred “unless for cause shown.” § 727.112 . . . that because the judgment created a lien, it was not required to file a proof of claim under section 727.112 . . . that the County could have filed a timely proof of claim asserting a contingent claim under section 727.112 . . . Lanier responds that section 727.112 addresses claims “which arose prior to the filing date” of the chapter . . . See § 727.112(2). . . .

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

. . . rescission claims arose after the date of assignment and were therefore not allowable under section 727.112 . . . Section 727.112(1) provides that all claims, which arose prior to the filing date, other than those claims . . . A claim must be filed within 120 days of the filing date of the petition for assignment. §§ 727.112(2 . . . Claims not filed in accordance with chapter 727 are barred. § 727.112(1). . . . Section 727.112(1) limits claims to those which “arose” prior to the filing of the petition. . . .