Florida Statutes 727.112 – Proof of claim
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(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.
(6) If a claim for damages results from the assignee’s rejection of a lease of real property, the claim shall be limited to:
(a) The rent reserved by such lease, without acceleration, for the greater of 1 year or 15 percent of the remaining term of the lease, following the earlier of the date of assignment or the date on which the lessor repossessed, or the lessee surrendered, the leased property; and
Terms Used In Florida Statutes 727.112
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- 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. See Florida Statutes 727.103
- Assignment: means an assignment for the benefit of creditors made under this chapter. See Florida Statutes 727.103
- Assignor: means the person or entity that has executed and delivered the assignment to the assignee. See Florida Statutes 727.103
- Contract: A legal written agreement that becomes binding when signed.
- Creditor: means any person having a claim against the assignor, whether such claim is contingent, liquidated, unliquidated, or disputed. See Florida Statutes 727.103
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Estate: means all of the assets of the assignor. See Florida Statutes 727.103
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Filing date: means the date upon which the original petition is filed in accordance with…. See Florida Statutes 727.103
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- writing: includes handwriting, printing, typewriting, and all other methods and means of forming letters and characters upon paper, stone, wood, or other materials. See Florida Statutes 1.01
(b)1. Any unpaid rent due under the lease, without acceleration, on the earlier of the dates specified in paragraph (a);
2. Reasonable attorney’s fees and costs incurred by the lessor in connection with the lease; and
3. The lessor’s reasonable costs incurred in reletting the premises previously leased by the assignor.
(7) If a claim for damages results from the termination of an employment contract, the claim shall be limited to:
(a) The compensation provided by the contract, without acceleration, for 1 year following the earlier of the date of assignment or the date on which the assignor or assignee, as applicable, directed the employee to terminate, or such employee terminated, performance under the contract; and
(b) Any unpaid compensation due under the contract, without acceleration, on the earlier of the dates specified in paragraph (a).