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Florida Statute 727.104 - Full Text and Legal Analysis
Florida Statute 727.104 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XLI
STATUTE OF FRAUDS, FRAUDULENT TRANSFERS, AND GENERAL ASSIGNMENTS
Chapter 727
GENERAL ASSIGNMENTS
View Entire Chapter
F.S. 727.104
727.104 Commencement of proceedings.
(1)(a) An irrevocable assignment and schedules shall be made in writing, containing the name and address of the assignor and assignee and providing for an equal distribution of the estate according to the priorities set forth in s. 727.114.
(b) The assignment shall be in substantially the following form:

ASSIGNMENT

ASSIGNMENT, made this   day of  ,   (year)  , between  , with a principal place of business at  , hereinafter “assignor,” and  , whose address is  , hereinafter “assignee.”

WHEREAS, the assignor has been engaged in the business of   ;

WHEREAS, the assignor is indebted to creditors, as set forth in Schedule A annexed hereto, is unable to pay its debts as they become due, and is desirous of providing for the payment of its debts, so far as it is possible by an assignment of all of its assets for that purpose.

NOW, THEREFORE, the assignor, in consideration of the assignee’s acceptance of this assignment, and for other good and valuable consideration, hereby grants, assigns, conveys, transfers, and sets over, unto the assignee, her or his successors and assigns, all of its assets, except such assets as are exempt by law from levy and sale under an execution, including, but not limited to, all real property, fixtures, goods, stock, inventory, equipment, furniture, furnishings, accounts receivable, bank deposits, cash, promissory notes, cash value and proceeds of insurance policies, claims and demands belonging to the assignor, and all books, records, and electronic data pertaining to all such assets, wherever such assets may be located, hereinafter the “estate,” as which assets are, to the best knowledge and belief of the assignor, set forth on Schedule B annexed hereto.

The assignee shall take possession of, and protect and preserve, all such assets and administer the estate in accordance with the provisions of chapter 727, Florida Statutes, and shall liquidate the assets of the estate with reasonable dispatch and convert the estate into money, collect all claims and demands hereby assigned as may be collectible, and pay and discharge all reasonable expenses, costs, and disbursements in connection with the execution and administration of this assignment from the proceeds of such liquidations and collections.

The assignee shall then pay and discharge in full, to the extent that funds are available in the estate after payment of administrative expenses, costs, and disbursements, all of the debts and liabilities now due from the assignor, including interest on such debts and liabilities. If funds of the estate shall not be sufficient to pay such debts and liabilities in full, then the assignee shall pay from funds of the estate such debts and liabilities, on a pro rata basis and in proportion to their priority as set forth in s. 727.114, Florida Statutes.

If all debts and liabilities are paid in full, any funds of the estate remaining shall be returned to the assignor.

To accomplish the purposes of this assignment, the assignor hereby appoints the assignee its true and lawful attorney, irrevocable, with full power and authority to do all acts and things which may be necessary to execute the assignment hereby created; to demand and recover from all persons all assets of the estate; to sue for the recovery of such assets; to execute, acknowledge, and deliver all necessary deeds, instruments, and conveyances; and to appoint one or more attorneys under her or him to assist the assignee in carrying out her or his duties hereunder.

The assignor hereby authorizes the assignee to sign the name of the assignor to any check, draft, promissory note, or other instrument in writing which is payable to the order of the assignor, or to sign the name of the assignor to any instrument in writing, whenever it shall be necessary to do so, to carry out the purpose of this assignment.

The assignee hereby accepts the trust created by the assignment, and agrees with the assignor that the assignee will faithfully and without delay carry out her or his duties under the assignment.

    
Assignor
    
Assignee

STATE OF FLORIDA

COUNTY OF   

The foregoing assignment was acknowledged before me this   day of  ,   (year)  , by  , as assignor, and by  , as assignee, for the purposes therein expressed.

  (Signature of Notary Public - State of Florida)  

  (Print, Type, or Stamp Commissioned Name of Notary Public)  

Personally Known   OR Produced Identification  

Type of Identification Produced   

(c) The assignment shall have annexed thereto as Schedule A a true list of all of the assignor’s known creditors, their mailing addresses, the amount and nature of their claims, and whether their claims are disputed; and as Schedule B a true list of all assets of the estate, including the estimated liquidation value of the assets, their location, and, if real property, a legal description thereof, as of the date of the assignment.
(d) The schedules shall be in substantially the following forms:

SCHEDULE ACREDITOR LIST

1. List all secured creditors showing:
NameAddressAmountCollateralWhether or not disputed
2. List all wages owed showing:
NameAddressAmount Whether or not disputed
3. Consumer deposits:
NameAddressAmount Whether or not disputed
4. List all taxes owed showing:
NameAddressAmount Whether or not disputed
5. List all unsecured claims showing:
NameAddressAmount Whether or not disputed
6. List all owners or shareholders showing:
NameAddress Percent of Ownership
7. List all pending litigation and opposing counsel of record:
StylePartiesOpposing Counsel of Record

SCHEDULE BLIST OF ASSETS

List each category of assets and for each give approximate value obtainable for the asset on the date of assignment, and address where asset is located.

I. Nonexempt Property

Description and
Location
Liquidation Value
at Date of Assignment

1. Legal description and street address of real estate, including leasehold interests:

2. Fixtures:

3. Cash and bank accounts:

4. Inventory:

5. Accounts receivable:

6. Equipment:

7. Prepaid expenses, including deposits, insurance, rents, and utilities:

8. Other, including loans to third parties, claims, and choses in action:

II. Exempt Property

Description and
Location
Liquidation Value
at Date of Assignment
(e) The assignment and schedules shall be duly verified upon oath by the assignor, and accepted by the assignee under oath in substantially the following form:

VERIFICATION OF ASSIGNMENT
AND SCHEDULES BY ASSIGNOR

The undersigned,   (name)  ,   (position with assignor)   of   (assignor)  , hereby verifies the Assignment of all of its rights, title, and interest in and to all of its assets, as indicated on the attached Schedules to that Assignment as filed with this Court on   (date)  , and further verifies each of the facts set forth in the Schedules annexed to the Assignment to the best of my knowledge and belief.

      

Name, Position with Assignor

STATE OF FLORIDA

COUNTY OF   

Sworn to and subscribed before me this   day of  ,   (year)  .

  (Signature of Notary Public - State of Florida)  

  (Print, Type, or Stamp Commissioned Name of Notary Public)  

Personally Known   OR Produced Identification  

Type of Identification Produced   

ACCEPTANCE BY ASSIGNEE

The undersigned,   (assignee)  , the Assignee herein, duly acknowledges that the Assignee accepts delivery of the assignment and that he or she will duly perform the duties imposed upon the Assignee pursuant to chapter 727, Florida Statutes.

     

Assignee

STATE OF FLORIDA

COUNTY OF   

Sworn to and subscribed before me this   day of  ,   (year)  .

  (Signature of Notary Public - State of Florida)  

  (Print, Type, or Stamp Commissioned Name of Notary Public)  

Personally Known   OR Produced Identification  

Type of Identification Produced   

(2) Within 10 days after delivery of the assignment to the assignee, the assignee shall:
(a) Record the original assignment, with or without the schedules, in the official records of the county in which the assignor had its principal place of business and shall thereafter promptly record a certified copy of the assignment, with or without the schedules, in each county in this state in which real property assets of the estate are located. The assignee shall promptly record a certified copy of the assignment, without schedules, in the land records of each recording jurisdiction outside of this state in which real property assets of the estate are located. If a certified copy of the assignment is not acceptable for recording in a particular jurisdiction, the assignee shall record a lis pendens or similar notice of action permitted in that jurisdiction referencing the pendency of the proceedings under this chapter. In either instance, the recorded original assignment, certified copy of the assignment, or lis pendens or similar notice of action shall include the legal description of any real property located in the recording jurisdiction.
(b) File, in the office of the clerk of the court in the county of the assignor’s place of business if it has one, in the county of its chief executive office if it has more than one place of business, or in the county of the assignor’s residence if the assignor is an individual not engaged in business, in accordance with the procedures for filing a complaint as set forth in the Florida Rules of Civil Procedure, a petition setting forth the name and address of the assignor and the name and address of the assignee; a copy of the assignment, together with Schedules A and B; and a request that the court fix the amount of the assignee’s bond to be filed with the clerk of the court. This bond is subject to reconsideration upon the motion of any party in interest after notice and hearing. The bond is payable to the clerk of the court, in an amount not less than $25,000 or double the liquidation value of the unencumbered and liquid assets of the estate as set forth in Schedule B, whichever is higher, conditioned upon the assignee’s faithful discharge of her or his duties. Within 30 days after the court enters an order setting the amount of such bond, the assignee shall file the bond with the clerk of the court, who shall approve the bond.
(3) The court may determine proper compliance with Rule 1.200, Florida Rules of Civil Procedure, in an action filed under this chapter, including, but not limited to, scheduling a case management conference and requiring a periodic status report as warranted by the circumstances of the case.
History.s. 4, ch. 87-174; s. 2, ch. 89-54; s. 29, ch. 91-110; s. 939, ch. 97-102; s. 17, ch. 98-246; s. 4, ch. 2007-185; s. 2, ch. 2013-244; s. 2, ch. 2023-219.

F.S. 727.104 on Google Scholar

F.S. 727.104 on CourtListener

Amendments to 727.104


Annotations, Discussions, Cases:

Cases Citing Statute 727.104

Total Results: 17

Peter Ullrich v. Kenneth A. Welt

810 F.3d 781, 2015 WL 9241140

Court of Appeals for the Eleventh Circuit | Filed: Dec 17, 2015 | Docket: 3022353

Cited 24 times | Published

Compare Doc. 20-2, with Fla. Stat. § 727.104(b). The relevant provisions are set out below:

Cowan Liebowitz & Latman, PC v. Kaplan

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

Supreme Court of Florida | Filed: Mar 17, 2005 | Docket: 2518239

Cited 15 times | Published

belonging to the assignor" without *763 limitation. § 727.104(1)(b), Fla. Stat. (2000). In commencing a proceeding

In Re Ed Jansen's Patio, Inc.

183 B.R. 643, 9 Fla. L. Weekly Fed. B 56, 1995 Bankr. LEXIS 921, 1995 WL 407816

United States Bankruptcy Court, M.D. Florida | Filed: Mar 23, 1995 | Docket: 1835506

Cited 9 times | Published

petition. The Florida Statutes define "estate" in § 727.104(1)(b) for the purpose of assignment of benefit

Akin Bay Company, LLC v. Von Kahle

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

District Court of Appeal of Florida | Filed: Dec 9, 2015 | Docket: 3019334

Cited 8 times | Published

benefit of creditors, appointed pursuant to section 727.104 of the Florida Statutes (2012), is bound by

Hillsborough County v. Lanier

898 So. 2d 141, 2005 WL 544208

District Court of Appeal of Florida | Filed: Mar 9, 2005 | Docket: 1447926

Cited 7 times | Published

petition in the circuit court as required by section 727.104(2)(b). The County filed a proof of claim, asserting

Moecker v. Antoine

845 So. 2d 904, 2003 WL 1086514

District Court of Appeal of Florida | Filed: Mar 13, 2003 | Docket: 1728730

Cited 7 times | Published

subject to the supervision of the circuit court. Section 727.104 provides a form of assignment, and requires

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

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

District Court of Appeal of Florida | Filed: Oct 20, 2010 | Docket: 51979

Cited 6 times | Published

performance of his duties ("the Assignment Case"). See § 727.104, Fla. Stat. (2008). Two weeks after that, on May

In Re Miami General Hospital, Inc.

101 B.R. 361, 1989 Bankr. LEXIS 917

United States Bankruptcy Court, S.D. Florida. | Filed: May 4, 1989 | Docket: 1644953

Cited 3 times | Published

against the Debtor at any time pursuant to section 727.104 of the Florida Statutes. [7] Order Appointing

Kaplan v. Cowan Liebowitz & Latman, PC

832 So. 2d 138, 2002 WL 31398779

District Court of Appeal of Florida | Filed: Oct 23, 2002 | Docket: 1336045

Cited 2 times | Published

under an execution of assignment, pursuant to section 727.104, Florida Statutes (2000), the Assignment for

Smith v. Effective Teleservices, Inc.

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

District Court of Appeal of Florida | Filed: Jan 8, 2014 | Docket: 60238652

Cited 1 times | Published

898 So.2d 141, 143 (Fla. 2d DCA 2005); see also § 727.104(l)(b), Fla. Stat. (2010). The stated intent of

IN RE: ASSIGNMENT FOR THE BENEFIT OF CREDITORS OF MIAMI PERFUME JUNCTION, INC. v. LESLIE S. OSBORNE, etc.

District Court of Appeal of Florida | Filed: Dec 23, 2020 | Docket: 20622810

Published

may be necessary to execute the assignment.” § 727.104(b), Fla. Stat. (2020). The Assignee’s

IN RE: ASSIGNMENT FOR THE BENEFIT OF CREDITORS OF MIAMI PERFUME JUNCTION, INC. v. LESLIE S. OSBORNE, etc.

District Court of Appeal of Florida | Filed: Dec 23, 2020 | Docket: 20623212

Published

may be necessary to execute the assignment.” § 727.104(b), Fla. Stat. (2020). The Assignee’s

Pro Finish, Inc. v. Estate of All American Trailer Manufacturers, Inc.

204 So. 3d 505, 2016 Fla. App. LEXIS 11731

District Court of Appeal of Florida | Filed: Aug 3, 2016 | Docket: 63630609

Published

assignment for the benefit of creditors under section 727.104, Florida Statutes (“ABC Proceeding”). He alleged

O'Brien v. Stermer

98 So. 3d 1245, 2012 WL 4795669, 2012 Fla. App. LEXIS 17346

District Court of Appeal of Florida | Filed: Oct 10, 2012 | Docket: 60312154

Published

“assignee for the benefit of creditors” under section 727.104, Florida Statutes (2010) to marshal and sell

In re Velez

465 B.R. 912, 23 Fla. L. Weekly Fed. B 267, 2012 WL 423326, 2012 Bankr. LEXIS 454

United States Bankruptcy Court, S.D. Florida. | Filed: Feb 10, 2012 | Docket: 65783802

Published

of lawful assignment of note as provided on F.S. 727.104. The assignment of the negotiable instrument

SS Funding LLC v. Phelan

981 So. 2d 1282, 2008 Fla. App. LEXIS 7531, 2008 WL 2185225

District Court of Appeal of Florida | Filed: May 28, 2008 | Docket: 64854892

Published

execution,” to Michael Phelan (“the Assignee”). See § 727.104, Fla. Stat. (2006). The As-signee filed a Petition

Lauderdale ex rel. Lauderdale v. Director, Office of Workers' Compensation Program

940 F.2d 618

Court of Appeals for the Eleventh Circuit | Filed: Aug 30, 1991 | Docket: 66265506

Published

month during which the miner elected review under § 727.104. *620The Board observed that the AU had not been