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The Florida Senate

2005 Florida Statutes

Section 727.108, Florida Statutes 2005

727.108  Duties of assignee.--The assignee shall:

(1)  Collect and reduce to money the assets of the estate, whether by suit in any court of competent jurisdiction or by public or private sale;

(2)  Within 30 days after the filing date, examine the assignor, under oath, concerning the acts, conduct, assets, liabilities, and financial condition of the assignor or any matter related to the assignee's administration of the estate, unless excused by the court for good cause shown;

(3)  Give notice to creditors of all matters concerning the administration of the estate, pursuant to the provisions of s. 727.111;

(4)  Conduct the business of the assignor for limited periods, if in the best interest of the estate, upon authorization of the court;

(5)  To the extent reasonable and necessary, pay administrative expenses of the estate, subject, however, to s. 727.114(1);

(6)  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 under this chapter;

(7)  Keep regular accounts and furnish such information concerning the estate as may be reasonably requested by creditors or other parties in interest;

(8)  File with the court an interim report of receipts and disbursements within 6 months after the filing date unless excused by the court or unless the estate has been sooner distributed in full;

(9)  Examine the validity and priority of all claims against the estate;

(10)  Abandon assets to duly perfected secured or lien creditors, where, after due investigation, he or she determines that the estate has no equity in such assets or such assets are burdensome to the estate or are of inconsequential value and benefit to the estate;

(11)  Pay dividends and secured or priority claims as often as is compatible with the best interests of the estate and close the estate as expeditiously as possible; and

(12)  File with the court a final report of all receipts and disbursements and file an application for his or her discharge pursuant to the provisions of s. 727.116

History.--s. 8, ch. 87-174; s. 941, ch. 97-102.