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The Florida Senate

2005 Florida Statutes

Section 727.112, Florida Statutes 2005

727.112  Proof of claim.--

(1)  All claims other than claims of creditors with liens on assets of the estate, whether contingent, liquidated, unliquidated, or disputed, which arose prior to the filing date, must be filed in accordance with the provisions of this chapter, and any such claim not so filed is barred from any further recovery against the estate.

(2)  Claims shall be filed by delivering the claim to the assignee within 120 days from the filing date unless for cause shown.

(3)  Claims shall be in written form entitled "proof of claim," setting forth the name and address of the creditor and the nature and amount of the claim, and executed by the creditor or the creditor's authorized agent.

(4)  When a claim or an interest in property of the assignor securing the claim is based on a writing, the original or a copy of such writing shall be filed with the proof of claim, together with evidence of perfection of any security interest, if applicable.

(5)  A proof of claim, executed and delivered in accordance with this section, shall constitute prima facie evidence of the validity and amount of the claim.

History.--s. 12, ch. 87-174.