Florida/Georgia Personal Injury & Workers Compensation

...practice claims in this limited context. Under the statute, the assignee for the benefit of creditors must "[c]ollect and reduce to money the assets of the estate, whether by suit in any court of competent jurisdiction or by public or private sale." § 727.108(1), Fla. Stat. (2000). The assignee for the benefit of creditors has the power to conduct the debtor's business, marshal and liquidate its assets, and receive its claims. See § 727.108(1), (4)-(5), Fla....

...t to Chapter 727.104 in favor of Philip J. Von Kahle as assignee. Pursuant to the assignment, Von Kahle took possession of all the assets of the assignors, including all claims and demands which may exist against third parties. See §§ 727.104, 727.108, Fla....

...the estate, whether by suit in any court of competent jurisdiction, or by public or 3 private sale, including but not limited to, prosecuting any tort claims or causes of action which were previously held by the assignor.” § 727.108(1).2 The assignee stands in the shoes of the assignor for this purpose....

...2 See generally, Moffatt & Nichol, Inc. v. B.E.A. Int’l Corp., 48 So. 3d 896, 899 (Fla. 3d DCA 2010). 3 See, e.g., § 727.105 (prohibiting levy, execution, attachment, or the like against assets of the assignment estate, except in the case of a consensual lienholder); § 727.108(1) (authorizing an assignee to prosecute tort claims or causes of action previously held by the assignor “regardless of any generally applicable law concerning nonassignability”); § 727.108(1)(b) (prohibiting third-parties from asserting any “defense based on the assignor’s acquiescence, cooperation or participation in the wrongful act” in any action brought by the assignee against the third-party)....

...Section 727.114 establishes the priority for payment of claims. Creditors with perfected liens on assets of the estate have the highest priority; unsecured claims have the lowest priority; and if all of the described claims are paid in full, "any residue shall be paid to the assignor." § 727.114. Section 727.108 also requires an assignee to abandon assets to duly perfected secured or lien creditors after the assignee determines the estate has no equity in such assets or that the assets are burdensome or of inconsequential value and benefit to the estate....

...to include Plaintiff. First, Plaintiff is an entity assigned the duty of enforcing a particular, direct statutory claim through collection activities. Plaintiff, an assignee for the benefit of Little Angel's creditors, is charged by Florida Statutes § 727.108 with collecting the assets of the estate for distribution to creditors....

...Those common creditors have particular, direct claims against Defendant. It would be inequitable to bar the statutory representative of those creditors from objecting to Defendant's discharge. Such a result would also impede the goals of the Florida legislature in enacting § 727.108....

...The mechanics of Chapter 727 are that the assignor assigns to the assignee “all of its assets, except such assets as are exempt by law from levy and sale under an execution”; the assets so assigned become the “estate” of the assignor. § 727.104(b), *1051 Fla. Stat. (2010); § 727.108(9), Fla....

...A mandatory duty of the assignor is to “deliver to the assignee all of the assets of the estate in the assignor’s possession, custody, or control.” § 727.107(2), Fla. Stat. (2010). Among the duties of the assignee are to “[c]ollect and reduce to money the assets of the estate.” § 727.108(1), Fla....

...The assignee is authorized to prosecute the “estate’s claims and causes of action,” including actions to “recover money or other assets of the estate” and to “avoid any conveyance or transfer void or voidable by law under s.727.109(8)(c).” §§ 727.108(l)(a), 727.110(l)(a), (c), Fla....

...The duties of an assignee include the decision whether to pursue or abandon a fraudulent transfer claim or “sell and assign, in whole or in part, such claims or causes of action to another person or entity on the terms that the assign-ee determines are in the best interest of the estate.” § 727.108(l)(a), Fla....

...an assignment may preference the creditor-assignee, even though recovery is to be based on a pro rata basis for all creditors. Chapter 727 does not contain any provision which authorizes an assignee, such as Moecker, to assign to a second assignee. Section 727.108(6) permits an assignee, to "the extent necessary, employ at the expense of the estate one or more appraisers, auctioneers, accountants, attorneys, or other professional persons to assist the assignee in carrying out his or her duties...

...xpenses incurred during the administration of the estate, other than those expenses allowed under subsection (1), including allowed fees and reimbursements of all expenses of the assignee and professional persons employed by the assignee pursuant to s. 727.108(6); (3) Unsecured claims of governmental units for taxes which accrued prior to the filing date; (4) Claims for wages, salaries, or commissions; (5) Allowed unsecured claims, to the extent of $900 for each individual, arising from the depo...

...do all acts and things which may be necessary to execute the assignment.” § 727.104(b), Fla. Stat. (2020). The Assignee’s obligations under Chapter 727 included liquidating the assets and resolving any open claims against Petitioners’ estates. See § 727.108(1), Fla. Stat....

...including, but not limited to, prosecuting any tort claims or causes of action that were previously held by the assignor, regardless of any generally applicable law concerning the nonassignability of tort claims or causes of action..” § 727.108(1), Fla....

...do all acts and things which may be necessary to execute the assignment.” § 727.104(b), Fla. Stat. (2020). The Assignee’s obligations under Chapter 727 included liquidating the assets and resolving any open claims against Petitioners’ estates. See § 727.108(1), Fla. Stat....

...including, but not limited to, prosecuting any tort claims or causes of action that were previously held by the assignor, regardless of any generally applicable law concerning the nonassignability of tort claims or causes of action..” § 727.108(1), Fla....