Florida Statutes

Fla. Stat. § 727.103 (2025)

Definitions.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 9 cases, 2002–2016 · leading case: Moffatt & Nichol, Inc. v. B.E.A. Int'l Corp., 48 So. 3d 896 (Fla. 3d DCA 2010).

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Moffatt & Nichol, Inc. v. B.E.A. Int'l Corp., 48 So. 3d 896 (Fla. 3d DCA 2010). · cites it 8× “§ 727.103(1), Fla. Stat. (2008) (emphasis added).”

Cowan Liebowitz & Latman, PC v. Kaplan, 902 So. 2d 755 (Fla. 2005). · cites it 2× “" § 727.103(1), Fla. Stat. (2000). Petitioners support their argument only with cases that assess the assignability of legal malpractice and personal tort claims generally, which, again, have no application in the present statutory context.”

Akin Bay Co., LLC v. Von Kahle, 180 So. 3d 1180 (Fla. 3d DCA 2015). · cites it 2× “(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.”

Smith v. Effective Teleservices, Inc., 133 So. 3d 1048 (Fla. 4th DCA 2014). · cites it 5× “§ 727.103(1), Fla. Stat. (2010) (emphasis added).”

United States v. F. Gordon Spoor, 838 F.3d 1197 (11th Cir. 2016). “Although Florida statutes grant Spoor a right to remuneration, they stop short of creating a lien: “A personal representative shall be entitled to a commission payable from the estate assets without court order as compensation for ordinary services,” Fla.”

Moecker v. Antoine, 845 So. 2d 904 (Fla. 1st DCA 2003). “A "creditor" is defined in section 727.103(6) as "any person having a claim against the assignor, whether such claim is contingent, liquidated, unliquidated, or disputed.”

Hillsborough Cnty. v. Lanier, 898 So. 2d 141 (Fla. 2d DCA 2005). “[2] The term "estate" is defined in section 727.103(7) as "all of the assets of the assignor.”

In re Velez, 465 B.R. 912 (Bankr. S.D. Florida 2012). “Section 727.103 defines “assignment” as “an assignment for the benefit of creditors made under this chapter” which, pursuant to § 727.”

Champaign Nat. Bank v. Sos Indus., Inc., 815 So. 2d 725 (Fla. 5th DCA 2002). “Section 727.103(2) defines the term "assignee" for the chapter, specifically providing "which assignee shall not be a creditor.”

— 727.103(1) — 4 cases

Moffatt & Nichol, Inc. v. B.E.A. Int'l Corp., 48 So. 3d 896 (Fla. 3d DCA 2010). “§ 727.103(1), Fla. Stat. (2008) (emphasis added).”

Cowan Liebowitz & Latman, PC v. Kaplan, 902 So. 2d 755 (Fla. 2005). “" § 727.103(1), Fla. Stat. (2000). Petitioners support their argument only with cases that assess the assignability of legal malpractice and personal tort claims generally, which, again, have no application in the present statutory context.”

Smith v. Effective Teleservices, Inc., 133 So. 3d 1048 (Fla. 4th DCA 2014). “§ 727.103(1), Fla. Stat. (2010) (emphasis added).”

Akin Bay Co., LLC v. Von Kahle, 180 So. 3d 1180 (Fla. 3d DCA 2015). “(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.”

— 727.103(2) — 1 case

— 727.103(6) — 2 cases

Moffatt & Nichol, Inc. v. B.E.A. Int'l Corp., 48 So. 3d 896 (Fla. 3d DCA 2010). “§ 727.103(1), Fla. Stat. (2008) (emphasis added).”

— 727.103(7) — 1 case

Hillsborough Cnty. v. Lanier, 898 So. 2d 141 (Fla. 2d DCA 2005). “[2] The term "estate" is defined in section 727.103(7) as "all of the assets of the assignor.”

— 727.103(9) — 1 case

Moffatt & Nichol, Inc. v. B.E.A. Int'l Corp., 48 So. 3d 896 (Fla. 3d DCA 2010). “§ 727.103(1), Fla. Stat. (2008) (emphasis added).”

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