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The first step you should take with a Florida Assignment Agreement For Benefit Of Creditors is to ensure it is the most updated version, as this determines its eligibility for submission.
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An assignee in an assignment for the benefit of creditors serves in a capacity that is analogous to a bankruptcy trustee and is responsible for liquidating the assets of the assignment estate and distributing the net proceeds, if any, to the assignor's creditors.
There is no automatic stay in an ABC. However, a similar effect is created because the Assignee is accorded lien creditor rights as of the date of the Assignment and thus stands ahead of all unsecured creditors and later-perfected secured creditors.
(2) Assignee means a natural person solely in such person's capacity as an assignee for the benefit of creditors under the provisions of this chapter, which assignee shall not be a creditor or an equity security holder or have any interest adverse to the interest of the estate.
In most cases, it takes approximately one year. How Can I Better Understand & Obtain Information On the Assignments for the Benefit of Creditors (ABCs)?
An assignment for the benefit of creditors is one of the vehicles utilized to liquidate a failed or no longer viable business under state law. This method of liquidating or transferring assets has long been popular in Florida.