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2018 Florida Statutes
GENERAL ASSIGNMENTS
ASSIGNMENT
ASSIGNMENT, made this day of , (year) , between , with a principal place of business at , hereinafter “assignor,” and , whose address is , hereinafter “assignee.”
WHEREAS, the assignor has been engaged in the business of ;
WHEREAS, the assignor is indebted to creditors, as set forth in Schedule A annexed hereto, is unable to pay its debts as they become due, and is desirous of providing for the payment of its debts, so far as it is possible by an assignment of all of its assets for that purpose.
NOW, THEREFORE, the assignor, in consideration of the assignee’s acceptance of this assignment, and for other good and valuable consideration, hereby grants, assigns, conveys, transfers, and sets over, unto the assignee, her or his successors and assigns, all of its assets, except such assets as are exempt by law from levy and sale under an execution, including, but not limited to, all real property, fixtures, goods, stock, inventory, equipment, furniture, furnishings, accounts receivable, bank deposits, cash, promissory notes, cash value and proceeds of insurance policies, claims and demands belonging to the assignor, and all books, records, and electronic data pertaining to all such assets, wherever such assets may be located, hereinafter the “estate,” as which assets are, to the best knowledge and belief of the assignor, set forth on Schedule B annexed hereto.
The assignee shall take possession of, and protect and preserve, all such assets and administer the estate in accordance with the provisions of chapter 727, Florida Statutes, and shall liquidate the assets of the estate with reasonable dispatch and convert the estate into money, collect all claims and demands hereby assigned as may be collectible, and pay and discharge all reasonable expenses, costs, and disbursements in connection with the execution and administration of this assignment from the proceeds of such liquidations and collections.
The assignee shall then pay and discharge in full, to the extent that funds are available in the estate after payment of administrative expenses, costs, and disbursements, all of the debts and liabilities now due from the assignor, including interest on such debts and liabilities. If funds of the estate shall not be sufficient to pay such debts and liabilities in full, then the assignee shall pay from funds of the estate such debts and liabilities, on a pro rata basis and in proportion to their priority as set forth in s. 727.114, Florida Statutes.
If all debts and liabilities are paid in full, any funds of the estate remaining shall be returned to the assignor.
To accomplish the purposes of this assignment, the assignor hereby appoints the assignee its true and lawful attorney, irrevocable, with full power and authority to do all acts and things which may be necessary to execute the assignment hereby created; to demand and recover from all persons all assets of the estate; to sue for the recovery of such assets; to execute, acknowledge, and deliver all necessary deeds, instruments, and conveyances; and to appoint one or more attorneys under her or him to assist the assignee in carrying out her or his duties hereunder.
The assignor hereby authorizes the assignee to sign the name of the assignor to any check, draft, promissory note, or other instrument in writing which is payable to the order of the assignor, or to sign the name of the assignor to any instrument in writing, whenever it shall be necessary to do so, to carry out the purpose of this assignment.
The assignee hereby accepts the trust created by the assignment, and agrees with the assignor that the assignee will faithfully and without delay carry out her or his duties under the assignment.
Assignor | |
Assignee |
STATE OF FLORIDA
COUNTY OF
The foregoing assignment was acknowledged before me this day of , (year) , by , as assignor, and by , as assignee, for the purposes therein expressed.
(Signature of Notary Public - State of Florida)
(Print, Type, or Stamp Commissioned Name of Notary Public)
Personally Known OR Produced Identification
Type of Identification Produced
SCHEDULE A—CREDITOR LIST
1. List all secured creditors showing: | ||||
Name | Address | Amount | Collateral | Whether or not disputed |
2. List all wages owed showing: | ||||
Name | Address | Amount | Whether or not disputed | |
3. Consumer deposits: | ||||
Name | Address | Amount | Whether or not disputed | |
4. List all taxes owed showing: | ||||
Name | Address | Amount | Whether or not disputed | |
5. List all unsecured claims showing: | ||||
Name | Address | Amount | Whether or not disputed | |
6. List all owners or shareholders showing: | ||||
Name | Address | Percent of Ownership | ||
7. List all pending litigation and opposing counsel of record: | ||||
Style | Parties | Opposing Counsel of Record |
SCHEDULE B—LIST OF ASSETS
List each category of assets and for each give approximate value obtainable for the asset on the date of assignment, and address where asset is located.
I. Nonexempt Property
Description and Location | Liquidation Value at Date of Assignment |
1. Legal description and street address of real estate, including leasehold interests:
2. Fixtures:
3. Cash and bank accounts:
4. Inventory:
5. Accounts receivable:
6. Equipment:
7. Prepaid expenses, including deposits, insurance, rents, and utilities:
8. Other, including loans to third parties, claims, and choses in action:
II. Exempt Property
Description and Location | Liquidation Value at Date of Assignment |
VERIFICATION OF ASSIGNMENT
AND SCHEDULES BY ASSIGNOR
The undersigned, (name) , (position with assignor) of (assignor) , hereby verifies the Assignment of all of its rights, title, and interest in and to all of its assets, as indicated on the attached Schedules to that Assignment as filed with this Court on (date) , and further verifies each of the facts set forth in the Schedules annexed to the Assignment to the best of my knowledge and belief.
Name, Position with Assignor
STATE OF FLORIDA
COUNTY OF
Sworn to and subscribed before me this day of , (year) .
(Signature of Notary Public - State of Florida)
(Print, Type, or Stamp Commissioned Name of Notary Public)
Personally Known OR Produced Identification
Type of Identification Produced
ACCEPTANCE BY ASSIGNEE
The undersigned, (assignee) , the Assignee herein, duly acknowledges that the Assignee accepts delivery of the assignment and that he or she will duly perform the duties imposed upon the Assignee pursuant to chapter 727, Florida Statutes.
Assignee
STATE OF FLORIDA
COUNTY OF
Sworn to and subscribed before me this day of , (year) .
(Signature of Notary Public - State of Florida)
(Print, Type, or Stamp Commissioned Name of Notary Public)
Personally Known OR Produced Identification
Type of Identification Produced
NOTICE OF ASSIGNMENT
IN THE CIRCUIT COURT
OF THE
CIRCUIT, IN AND FOR
COUNTY,
FLORIDA
IN RE: ,
Assignor,
to: ,
Assignee.
TO CREDITORS AND OTHER INTERESTED PARTIES:
PLEASE TAKE NOTICE that on , a petition commencing an assignment for the benefit of creditors pursuant to chapter 727, Florida Statutes, made by , assignor, with principal place of business at , to , assignee, whose address is , was filed on , (year) .
YOU ARE HEREBY further notified that in order to receive any dividend in this proceeding you must file a proof of claim with the assignee or the assignee’s attorney on or before (120 days from the date of the filing of the petition).
ASSIGNEE |
Attorney for assignee (if any):
Address:
NOTICE OF OPPORTUNITY TO OBJECT
AND REQUEST A HEARING
IN THE CIRCUIT COURT
OF THE
CIRCUIT, IN AND FOR
COUNTY,
FLORIDA
IN RE:
Assignor,
TO:
Assignee.
TO CREDITORS AND OTHER INTERESTED PARTIES:
PLEASE TAKE NOTICE that, pursuant to s. 727.111(4), Florida Statutes, the assignee may (List applicable action(s) described in s. 727.111(4)) , and the Court may consider these actions without further notice or hearing unless a party in interest files an objection within 21 days from the date this paper is served. If you object to the relief requested in this paper, you must file your objection with the Clerk of the Court at (Clerk’s address) , and serve a copy on the assignee’s attorney, (attorney’s name and address) , and any other appropriate person.
If you file and serve an objection within the time permitted, the Court shall schedule a hearing and notify you of the scheduled hearing. If a hearing is already scheduled, list the date, time, and location of the hearing: (date, time, and location)
If you do not file an objection within the time permitted, the assignee and the Court will presume that you do not oppose the granting of the relief requested in the paper.
ASSIGNEE |
Attorney for assignee (if any):
Address:
If no objections are timely filed and served, the assignee may take such action as described in the notice without further order of the court or may obtain an order approving the action without further notice or hearing. If an objection is filed, the court shall hold a hearing on the objection.
ASSIGNEE’S DEED
This Assignee’s Deed is made and executed this day of , (year) , by , as Assignee for the Estate of , Case No. in the Circuit Court of County, Florida, whose post office address is (hereinafter “Grantor”), to , whose post office address is (hereinafter “Grantee”).
Wherever used herein, the terms “Grantor” and “Grantee” include all the parties to this instrument, singular and plural, and the heirs, legal representatives, and assigns of these individuals, and the successors and assigns of corporations, wherever the context so admits or requires.
WITNESSETH:
That Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration in hand paid to said Grantor by Grantee, the receipt of which is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys, and confirms unto Grantee, all of that certain real property lying and being in the County of , State of Florida, more particularly described as follows:
SEE ATTACHED “EXHIBIT A,” which is incorporated herein by the term “Property.”
This conveyance is subject to taxes accruing for the year of conveyance and subsequent years, and all encumbrances, covenants, conditions, and restrictions of record, except nothing herein operates to reimpose same.
TOGETHER with all the tenements, hereditaments, and appurtenances thereto belonging or in anywise appertaining.
TO HAVE AND TO HOLD the same in fee simple forever.
AND the Grantor hereby covenants with said Grantee that Grantor has good right and lawful authority to sell and convey said Property.
Grantor executed this instrument only in Grantor’s capacity as Assignee of the above referenced Assignment estate and no personal judgment shall ever be sought or obtained against Grantor individually by reason of this instrument.
IN WITNESS WHEREOF, said Grantor has caused these presents to be executed the day and year first written above.
GRANTOR:
(Grantor’s Signature)
Print Name:
As Assignee for the Estate of (Assignor’s Name)
Case No.
Circuit Court of County, Florida
Signed, sealed and delivered
in the presence of:
(Witness’s Signature)
Witness
(Witness’s Name Printed)
Print Name
Witness’s Signature
Witness
(Witness’s Name Printed)
Print Name
STATE OF FLORIDA
COUNTY OF
Sworn to and subscribed before me this day of , (year) , by (Assignee’s Name) , as Assignee for the Estate of (Assignor’s Name) , Case No. , Circuit Court of County, Florida, on behalf of said estate.
(Signature of Notary Public – State of Florida)
(Print, Type, or Stamp Commissioned Name of Notary Public)
Personally Known OR Produced Identification
Type of Identification Produced: