CopyCited 9 times | Published | United States Bankruptcy Court, S.D. Florida. | 64 U.C.C. Rep. Serv. 2d (West) 454, 21 Fla. L. Weekly Fed. B 117, 2007 Bankr. LEXIS 3817, 49 Bankr. Ct. Dec. (CRR) 44
...Summary judgment relief under Bankruptcy Rule 7056 applies in contested matters. Fed. R. Bankr.P. 9014. PERFECTION OF SECURITY INTERESTS IN FLORIDA With certain exceptions not applicable here, perfection of a security interest in Florida occurs only when a financing statement is filed in the appropriate place. Fla. Stat. § 679.5011. All financing statements must be filed with Florida's official filing office, the Florida Secured Transaction Registry (the "Registry"). See Fla. Stat. § 679.5011(1)(b)....
...the amount of $152,000.00. NOTES [1] On October 1, 2001, Florida privatized its UCC filing office and designated the Florida Secured Transaction Registry as the office in which to file a financing statement to perfect a security interest. Fla. Stat.§ 679.5011....
CopyCited 6 times | Published | United States Bankruptcy Court, M.D. Florida | 17 Fla. L. Weekly Fed. B 74, 2003 Bankr. LEXIS 1911, 2003 WL 23273254
...ized. (Emphasis supplied.) Fla. Stat. §
679.5031(1)(a). [3] Florida law provides that the proper place to file a financing statement to perfect a security interest in accounts receivable is with the Florida Secured Transactions Registry. Fla. Stat. §
679.5011(1)(b)....
CopyPublished | Court of Appeals for the Eleventh Circuit
...Thus, we must look to Florida law to determine whether Live Oak
perfected its security interest in Beach Boulevard’s assets. To per-
fect a security interest under Florida law, “a creditor must file a ‘fi-
nancing statement’ with the Registry,” id. (quoting Fla. Stat.
§ 679.5011), and “[a] financing statement must provide three pieces
of information to be considered sufficient for perfection: (1) the
name of the debtor; (2) the name of the secured party; and (3) a
description of the collateral covered by the financing statement,”
id....
...“fail[] sufficiently to
provide the name of the debtor in accordance with [section]
679.5031(1),” and are therefore ineffective to perfect a security in-
terest in Beach Boulevard’s assets under Florida law. See 1944
Beach I, 20 F.4th at 752; §
679.5011.
Because Live Oak did not properly perfect its security inter-
est in all of Beach Boulevard’s assets under Florida law, and because
§ 544(a) grants the bankruptcy trustee the status of a hypothetical
lien creditor who may avoi...
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Aug 18, 2023
...Com-
mercial tort claims include tort claims brought by a business for
economic damages. Id. §
679.1021(m). Once attached, the creditor
can perfect its security interest by filing a financing statement in the
Florida Secured Transaction Registry. Id. §
679.5011.
Federal law does not require the Service to have a security
agreement for its tax lien to attach to a debtor’s assets....
...perfected when Sunz filed a financing statement in November
2015—well before the Service’s tax lien perfected—as Sunz had a
security interest in Payroll’s contracts and their proceeds. See Fla.
Stat. §§
679.2031(2)(c),
679.5011.
Payroll’s BP Claim Was a Commercial Tort Claim in March 2017
Sunz argues that Payroll’s BP claim was not a commercial
tort claim in March 2017....
CopyPublished | United States Bankruptcy Court, S.D. Florida.
...
431 B.R. 459, 464 (8th Cir. BAP 2010). For Florida entities, such as Avstar Fuel, perfection of a security interest occurs when a financing statement is filed with Florida's official filing office, the Florida Secured *195 Transaction Registry. Fla. Stat. §
679.5011(1)(b)....
CopyPublished | United States Bankruptcy Court, S.D. Florida. | 72 U.C.C. Rep. Serv. 2d (West) 575, 22 Fla. L. Weekly Fed. B 257, 63 Collier Bankr. Cas. 2d 872, 2010 Bankr. LEXIS 185, 52 Bankr. Ct. Dec. (CRR) 197
...ent of this bankruptcy case. Pursuant to 11 U.S.C. § 544(b), unperfected liens can be set aside in bankruptcy. The UCC requires that a secured party file and maintain a UCC-1 financing statement with Florida Secured Transaction Registry. Fla. Stat. § 679.5011....
CopyPublished | Court of Appeals for the Eleventh Circuit
...Stat.
§
679.3171(1)(b)(1) (“A security interest . . . is subordinate to the
rights of: . . . a person who becomes a lien creditor before the . . .
security interest . . . is perfected”). To perfect a security interest, a
creditor must file a “financing statement” with the Registry. Id.
§
679.5011....
