CopyCited 12 times | Published | District Court, S.D. Florida | 2000 U.S. Dist. LEXIS 14790, 2000 WL 1140695
information related to it to the trustee. See 11 U.S.C. § 521(4) ("The debtor shall . . . surrender to the trustee
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Cited as authorityIn re Bos (2016)phrase: "rule_authority"
CopyCited 7 times | Published | Florida 5th District Court of Appeal | 2000 Fla. App. LEXIS 15035, 2000 WL 1715736
...521, Fla.Stat.). Garcia defined the class as all retail lessees of motor vehicles from Courtesy pursuant to a lease agreement whose last payment was due or will become due after February 18, 1997, and which failed to contain the mandatory disclosure required by section 521.004, Florida Statutes. Specifically, Garcia alleged in count V that Courtesy, as a retail lessor, had violated section 521.004(1), Florida Statutes (1997), by failing to make the mandatory disclosure required by the statute to be in the retail lease agreement, in a separate blocked section, in capital letters of at least 12-point bold type, as follows: THIS IS A LEASE AGREEMENT....
...4th DCA 1999), rev. denied,
763 So.2d 1042 (Fla.2000). The record before us reveals that on the same day that Garcia executed the lease agreement, she also executed a document entitled "Florida Consumer Lease Disclosure," which contained the wording required by section
521.004(1), Florida Statutes, printed in the style and with the content required by the statute and properly completed, and which at the top contained this legend: Florida law requires these disclosures if your lease is primarily for personal, family of household purposes....
...See Collins v. Citrus National Bank,
641 So.2d 458 (Fla. 5th DCA 1994); Citicorp Real Estate, Inc. v. Ameripalms 6B GP, Inc.,
633 So.2d 47 (Fla. 3d DCA 1994); KRC Enterprises, Inc. v. Soderquist,
553 So.2d 760 (Fla. 2d DCA 1989). Garcia argues that to satisfy section
521.004(1) the disclosure must be in the lease proper, but it is a generally accepted rule of contract law that, where a writing expressly refers to and sufficiently describes another document, that other document, or so much of it as is referred to, is to be interpreted as part of the writing. See OBS Co., Inc. v. Pace Const. Corp.,
558 So.2d 404 (Fla. 1990); Henderson Inv. Corp. v. International Fidelity Ins. Co.,
575 So.2d 770 (Fla. 5th DCA 1991); Popwell v. Abel,
226 So.2d 418 (Fla. 4th DCA 1969). The requirement of section
521.004(1) was satisfied and Garcia has no cause of action against Courtesy for noncompliance therewith....
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Cited as authorityWilson (2014)phrase: "rule_authority"
Cited as authorityCastellanos (2012)phrase: "rule_authority"
CopyCited 6 times | Published | United States Bankruptcy Court, S.D. Florida. | 1989 Bankr. LEXIS 2034
Bankruptcy Rules 4003 and 9013, and 11 U.S.C. Section 521(4). The Trustee's Objection and Motion to Direct
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Cited as authoritySavage (2007)phrase: "rule_authority"
Cited as authorityIn Re Dean (1995)phrase: "rule_authority"
CopyCited 2 times | Published | United States Bankruptcy Court, S.D. Florida.
under § 542(a) and an additional legal duty under § 521(4) to surrender this property of the estate to the
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Cited as authorityDunn (2002)phrase: "rule_authority"
CopyPublished | District Court, S.D. Florida | 2014 Bankr. LEXIS 5310, 2014 WL 8663569
read in the context of its companion provision, § 521(4), which requires that the debtor shall “surrender
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Cited as authorityIn re Ayala (2017)phrase: "rule_authority"
Cited as authorityRodriguez (2016)phrase: "rule_authority"
CopyCited 1 times | Published | United States Bankruptcy Court, M.D. Florida | 12 Fla. L. Weekly Fed. B 344, 1999 Bankr. LEXIS 984, 1999 WL 613492
property of the estate." 11 U.S.C § 521(4) (1998). Indeed, Section 521(4) imposes a mandatory duty on a
CopyPublished | Florida 5th District Court of Appeal | 2004 Fla. App. LEXIS 7073, 2004 WL 1123794
...the credit application and consumer option plan that she signed in connection with the lease of her automobile. Courtesy posits that neither of these documents implicates the provision of the statute requiring it to provide copies of all documents signed by , a lessee. We disagree, and affirm the order of the trial court. Section 521.004(2), Florida Statutes (2000), requires that a retail lessor must: Provide the retail lessee with a copy of each document signed by the retail lessee during the course of the lease transaction. (emphasis added). The trial court addressed Courtesy Auto’s arguments and found that section 521.004 encompassed all of the documents that Ms....
