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The Florida Senate

2013 Florida Statutes

Title XLI STATUTE OF FRAUDS, FRAUDULENT TRANSFERS, AND GENERAL ASSIGNMENTS
Chapter 727 GENERAL ASSIGNMENTS Entire Chapter
SECTION 109
Power of the court.
F.S. 727.109
727.109 Power of the court.—The court shall have power to:
(1) Enforce all provisions of this chapter.
(2) Set, approve, or reconsider the amount of the assignee’s bond.
(3) Upon notice and a hearing, if requested, authorize the business of the assignor to be conducted by the assignee for longer than 45 calendar days, if in the best interest of the estate.
(4) Allow or disallow claims against the estate and determine their priority and establish a deadline, upon motion by the assignee, for the filing of all claims against the assignment estate arising on or after the date on which the assignor’s petition for assignment was filed with the court. The deadline may not occur less than 30 days before notice is received by mail of the order establishing the deadline.
(5) Determine any claims of exemption by the assignor, if disputed.
(6) Authorize the assignee to reject an unexpired lease of nonresidential real property or of personal property under which the assignor is the lessee pursuant to s. 727.108(5).
(7) Upon notice as provided under s. 727.111 to all creditors and consensual lienholders, hear and determine a motion brought by the assignee for approval of a proposed sale of assets of the estate other than in the ordinary course of business, or the compromise or settlement of a controversy, and enter an order granting such motion notwithstanding the lack of objection if the assignee reasonably believes that such order is necessary to proceed with the action contemplated by the motion.
(8) Hear and determine any of the following actions brought by the assignee, which she or he is empowered to maintain:
(a) Enforce the turnover of assets of the estate pursuant to s. 727.106.
(b) Determine the validity, priority, and extent of a lien or other interests in assets of the estate, or to subordinate or avoid an unperfected security interest pursuant to the assignee’s rights as a lien creditor under s. 679.3171.
(c) Avoid any conveyance or transfer void or voidable by law.
(9) Approve the assignee’s final report and interim and final distributions to creditors.
(10) Approve reasonable fees and the reimbursement of expenses for the assignee and all professional persons retained by the assignee, upon objection of a party in interest or upon the court’s own motion.
(11) Hear and determine any motion brought by a party in interest or by the court to close the estate after the passage of 1 year from the date of filing of the petition.
(12) Discharge the assignee and the assignee’s surety from liability upon matters included in the assignee’s final report.
(13) Reopen estates for cause shown.
(14) Punish by contempt any failure to comply with the provisions of this chapter or any order of the court made pursuant to this chapter.
(15) Exercise any other powers that are necessary to enforce or carry out the provisions of this chapter.
History.—s. 9, ch. 87-174; s. 942, ch. 97-102; s. 146, ch. 2007-5; s. 7, ch. 2007-185; s. 4, ch. 2013-244.