727.105

Actions against assignee.

Find cases: SyfertCases citing this section FL-LEGleg.state.fl.us JustiaFla. Statutes CornellLII Search CasesGoogle Scholar

727.105 Actions against assignee.—

(1) An action may not be commenced against the assignee except as provided in this chapter, but nothing contained in this chapter affects any action or proceeding by a governmental unit to enforce such governmental unit’s police or regulatory power. Except in the case of a consensual lienholder enforcing its rights in personal property or real property collateral, there shall be no levy, execution, attachment, or the like in respect of any judgment against assets of the estate in the possession, custody, or control of the assignee.

(2) The assignee may:

(a) Rely on any outstanding court orders, judgments, decrees, and rules of law, and is not personally liable for the assignee’s own good faith compliance with any such orders, judgments, decrees, or rules of law.

(b) Rely on, and shall be protected in any action by, any resolution, certificate, statement, opinion, report, notice, consent, or other document believed by the assignee to be genuine and to have been signed or presented by the proper parties.

(3) The assignee is not personally liable for:

(a) The assignee’s good faith compliance with his or her duties and responsibilities as an assignee.

(b) The assignee’s acts or omissions, except upon a finding by the court presiding over an action or proceeding under this chapter that the assignee’s acts or omissions:

1. Were outside the scope of his or her duties;

2. Were grossly negligent; or

3. Constitute malfeasance.

(4)(a) Except for matters in paragraph (3)(b), any creditor or party in interest seeking to assert a claim against the assignee must look only to the assignment estate assets and any bond posted by the assignee to satisfy any liability, and the assignee is not personally liable to satisfy any such obligation.

(b) Any creditor or party in interest seeking to assert a claim against the assignee under paragraph (3)(b) must first obtain leave of the court presiding over the assignment action or proceeding based upon good cause shown.

(5) Any claim against the assignee, or any agent or professional of the assignee who assists the assignee in the administration of the estate, must be brought before the discharge of the assignee under s. 727.116 to the extent the claim has accrued and is predicated upon facts that are known or reasonably should have been known at the time of the discharge, at which point all such claims are deemed released and forever barred.

(6) This section does not alter or limit any other immunity otherwise held by the assignee or any agent or professional of the assignee who assists the assignee in the administration of the estate.

History.—s. 5, ch. 87-174; s. 5, ch. 2007-185; s. 3, ch. 2023-219.

Notes of Decisions

Cited in 4 cases, 1998–2015 · leading case: Moffatt & Nichol, Inc. v. B.E.A. International Corp.

Sort: Relevance Newest Treatment

Moffatt & Nichol, Inc. v. B.E.A. International Corp. (2010) fladistctapp · cites it 3× “See § 727.105, Fla. Stat. However, Moffatt is not a consensual lienholder within this section.”

Baxst v. Levenson (In Re Goldberg) (1998) flsb · cites it 3× “See Fla.Stat. §§ 727.105(l)(a) and (l)(b) and 726.”

Akin Bay Company, LLC v. Von Kahle (2015) fladistctapp “108(1) (authorizing an assignee to prosecute tort claims, or causes of action previously held by the assign- or “regardless of any generally applicable law concerning nonassignability”); § 727.”

Smith v. Effective Teleservices, Inc. (2014) fladistctapp “Section 727.105 provides, in pertinent part, Except in the case of a consensual lien-holder enforcing its rights in personal property or real property collateral, there shall be no levy, execution, attachment, or the like in respect of any judgment against assets of the estate…”

— 727.105(l)(a) — 1 case

Baxst v. Levenson (In Re Goldberg) (1998) flsb “See Fla.Stat. §§ 727.105(l)(a) and (l)(b) and 726.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.