Florida Statute 727.103 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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 Citing Statute 727.103

Total Results: 7

Akin Bay Company, LLC v. Von Kahle

Court: District Court of Appeal of Florida | Date Filed: 2015-12-09

Citation: 180 So. 3d 1180, 2015 Fla. App. LEXIS 18387, 2015 WL 8345357

Snippet: the assignor. § 727.103(1). Collectively, these assets create an “estate.” § 727.103. The assignee is

Smith v. Effective Teleservices, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2014-01-08

Citation: 133 So. 3d 1048, 2014 WL 51686, 2014 Fla. App. LEXIS 144

Snippet: except property exempt by law from forced sale. § 727.103(1), Fla. Stat. (2010) (emphasis added). The central

Moffatt & Nichol, Inc. v. B.E.A. International Corp.

Court: District Court of Appeal of Florida | Date Filed: 2010-10-20

Citation: 48 So. 3d 896, 2010 Fla. App. LEXIS 15828, 2010 WL 4103149

Snippet: revision, the definition of "asset" in section 727.103(1), was expanded to include, for the first time

Cowan Liebowitz & Latman, PC v. Kaplan

Court: Supreme Court of Florida | Date Filed: 2005-03-17

Citation: 902 So. 2d 755, 30 Fla. L. Weekly Supp. 155, 2005 Fla. LEXIS 490, 2005 WL 610162

Snippet: excepts property "exempt by law from forced sale." § 727.103(1), Fla. Stat. (2000). Petitioners support their

Hillsborough County v. Lanier

Court: District Court of Appeal of Florida | Date Filed: 2005-03-09

Citation: 898 So. 2d 141, 2005 WL 544208

Snippet: [2] The term "estate" is defined in section 727.103(7) as "all of the assets of the assignor." [3]

Moecker v. Antoine

Court: District Court of Appeal of Florida | Date Filed: 2003-03-13

Citation: 845 So. 2d 904, 2003 WL 1086514

Snippet: chapter 727. A "creditor" is defined in section 727.103(6) as "any person having a claim against the assignor

CHAMPAIGN NAT. BANK v. SOS Industries, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2002-04-26

Citation: 815 So. 2d 725, 2002 Fla. App. LEXIS 5447, 2002 WL 726660

Snippet: obligation to the total class of creditors. Section 727.103(2) defines the term "assignee" for the chapter