727.101
Intent of chapter.
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727.101 Intent of chapter.—The intent of this chapter is to provide a uniform procedure for the administration and orderly liquidation of insolvent estates, and to ensure full reporting to creditors and equal distribution of assets according to priorities as established under this chapter.
History.—s. 1, ch. 87-174; s. 1, ch. 2023-219.
Notes of Decisions
Cited in 11
cases, 2000–2020 · leading case: Cowan Liebowitz & Latman, PC v. Kaplan
Cowan Liebowitz & Latman, PC v. Kaplan (2005)
“As the text of the Assignment for the Benefit of Creditors statute makes clear, the intent and purpose of the law is to "provide a uniform procedure for the administration of insolvent estates, and to ensure full reporting to creditors and equal distribution of assets according…”
Moecker v. Antoine (2003)
“Chapter 727 is intended "to provide a uniform procedure for the administration of insolvent estates," section 727.101, Florida Statutes (1997), subject to the supervision of the circuit court.”
Moffatt & Nichol, Inc. v. B.E.A. International Corp. (2010)
“See § 727.101, Fla. Stat. (2008). Two days later, Michael Phelan timely filed a separate Petition Commencing Assignment for The Benefit of Creditors in the circuit court to facilitate the performance of his duties (“the Assignment Case”).”
In re Velez (2012)
“” Fla. Stat. § 727.101 . There is nothing in the record to indicate that a state court ABC was commenced before this voluntary bankruptcy filing.”
Akin Bay Company, LLC v. Von Kahle (2015)
“Under Florida’s Assignment for the Benefit of Creditors statute, §§ 727.101 et seq., Fla. Stat. (2014), the assignor conveys all of its assets, except those exempt from levy and sale under an execution, to an assignee chosen by the assignor.”
Hillsborough County v. Lanier (2005)
“" § 727.101; see also Champaign Nat'l Bank v.”
Smith v. Effective Teleservices, Inc. (2014)
“” § 727.101, Fla. Stat. (2010). The mechanics of Chapter 727 are that the assignor assigns to the assignee “all of its assets, except such assets as are exempt by law from levy and sale under an execution”; the assets so assigned become the “estate” of the assignor.”
Michael E. Moecker of Michael Moecker & Associates, Inc. v. Strasnick (In Re Strasnick) (2000)
“, (“Little Angel”) a defunct Daytona, Florida bakery, pursuant to Florida Statutes § 727.101 et seq. On January 24, 2000, Arthur P.”
Pro Finish, Inc. v. Estate of All American Trailer Manufacturers, Inc. (2016)
“” § 727.101, Fla. Stat. (2013). Section 727.”
IN RE: ASSIGNMENT FOR THE BENEFIT OF CREDITORS OF MIAMI PERFUME JUNCTION, INC. v. LESLIE S. OSBORNE, etc. (2020)
“” § 727.101, Fla. Stat. (2020). 2 Miami Perfume Junction, Inc.”
IN RE: ASSIGNMENT FOR THE BENEFIT OF CREDITORS OF MIAMI PERFUME JUNCTION, INC. v. LESLIE S. OSBORNE, etc. (2020)
“” § 727.101, Fla. Stat. (2020). 2 Miami Perfume Junction, Inc.”
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