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Florida Statute 727.114 - Full Text and Legal Analysis
Florida Statute 727.114 | 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
727.114 Priority of claims.Allowed claims shall receive distribution under this chapter in the following order of priority and, with the exception of paragraph (1)(a), on a pro rata basis:
(1)(a) Creditors with liens on assets of the estate, which liens are duly perfected pursuant to applicable law, shall receive the proceeds from the disposition of their collateral, less the reasonable, necessary expenses of preserving or disposing of such collateral to the extent of any benefit to such creditors. If and to the extent that such proceeds are less than the amount of a creditor’s claim or a creditor’s lien is avoided pursuant to s. 727.109(8)(c), such a creditor shall be deemed to be an unsecured creditor for such deficiency pursuant to paragraph (f).
(b) Expenses incurred during the administration of the estate, other than those expenses allowable under paragraph (a), including allowed fees and reimbursements of all expenses of the assignee and professional persons employed by the assignee under s. 727.108(7), and rent incurred by the assignee in occupying any premises in which the assets of the assignment estate are located or the business of the assignor is conducted, from and after the date of the assignment, through and until the earlier of the date on which the lease for such premises is rejected pursuant to an order of the court or the date of termination of such lease.
(c) Unsecured claims of governmental units for taxes that accrued within 3 years before the filing date.
(d) Claims for wages, salaries, or commissions, including vacation, severance, and sick leave pay, or contributions to an employee benefit plan earned by employees of the assignor within 180 days before the filing date or the cessation of the assignor’s business, whichever occurs first, but only to the extent of $10,000 per individual employee.
(e) Allowed unsecured claims, to the extent of $2,225 for each individual, arising from the deposit with the assignor before the filing date of money in connection with the purchase, lease, or rental of property or the purchase of services for personal, family, or household use by such individuals that were not delivered or provided.
(f) Unsecured claims.
(2) A subordination agreement is enforceable under this chapter to the same extent that such agreement is enforceable under applicable law.
(3) For the purpose of distributions under this chapter, a claim arising from rescission of a purchase or sale of a security of the assignor or of an affiliate of the assignor for damages arising from the purchase or sale of the security or for reimbursement or contribution allowed under this chapter on account of such a claim shall be subordinated to all claims or interests that are senior to or equal to the claim or interest represented by such security, except that if the security is common stock, the claim has the same priority as common stock.
(4) If all claims subject to distribution under this section have been paid in full, any residue shall be paid to the assignor.
History.s. 14, ch. 87-174; s. 12, ch. 2007-185; s. 21, ch. 2008-187.

F.S. 727.114 on Google Scholar

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Amendments to 727.114


Annotations, Discussions, Cases:

Cases Citing Statute 727.114

Total Results: 3  |  Sort by: Relevance  |  Newest First

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Hillsborough Cnty. v. Lanier, 898 So. 2d 141 (Fla. 2d DCA 2005).

Cited 7 times | Published | Florida 2nd District Court of Appeal | 2005 WL 544208

...suant to section 727.112. Claims, whether contingent, liquidated, unliquidated, or disputed, must be filed within 120 days from the date that the chapter 727 petition is filed or the claim will be barred "unless for cause shown." § 727.112(1), (2). 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....
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Moecker v. Antoine, 845 So. 2d 904 (Fla. 1st DCA 2003).

Cited 7 times | Published | Florida 1st District Court of Appeal | 2003 WL 1086514

...atutes (1997), subject to the supervision of the circuit court. Section 727.104 provides a form of assignment, and requires the assignee to record the assignment in the public records as well as to file *911 a petition and bond in the circuit court. Section 727.114 sets the priority for the claims against the insolvent estate. In the event there are insufficient assets to satisfy all proper claims made against the estate, claims are to be paid on a pro rata basis and in proportion to the scheme of priority provided in section 727.114....
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Champaign Nat. Bank v. Sos Indus., Inc., 815 So. 2d 725 (Fla. 5th DCA 2002).

Cited 1 times | Published | Florida 5th District Court of Appeal | 2002 Fla. App. LEXIS 5447, 2002 WL 726660

...We see little difference between a direct creditor as an assignee and an agent of a creditor as an assignee. In addition, contrary to the equitable treatment of creditors required by chapter 727, the secondary assignment preferences the SG creditors over non-SG creditors. Both the Moecker Assignment and section 727.114, [3] require that all the creditors share in any recovery pro rata (except for secured creditors)....
...rice specified in the instruments. [2] We note that in this case, Champaign is not only a creditor of SOS, but a potential debtor to the estate. In fact, SG filed a lawsuit which asserted claims against Champaign in this matter of June 28, 2001. [3] Section 727.114 sets forth priority of claims and provides that, save for subsection (1) involving creditors with perfected liens, claims shall be distributed in the following order of priority on a pro rata basis: (1) Creditors with liens on assets...

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.