eLaws of Florida

  SECTION 727.115. Resignation or removal of assignee.  


Latest version.
  • 1(1) 2The court shall remove or replace the assignee on application of the assignor, of the assignee, or of any creditor, or on its own motion, if the assignee has not executed and filed the bond required by s. 40727.104(2); 41if the assignee resigns, refuses, or fails to serve for any reason; or for good cause.
    57(2) 58Upon removal, resignation, or death of the assignee, the court shall appoint a replacement assignee if the court deems in its discretion that further administration of the estate is required. Upon executing and filing a bond pursuant to s. 97727.104(2), 98the replacement assignee shall forthwith take possession of the estate and assume her or his duties as assignee.
    116(3) 117Whenever the court shall be satisfied that the assignee so removed or replaced has fully accounted for and turned over to the replacement assignee appointed by the court all of the property of the estate and has filed a report of all receipts and disbursements during her or his tenure as assignee, the court shall enter an order discharging the assignee from all further duties, liabilities, and responsibilities as assignee after notice and a hearing.
History.-s. 15, ch. 87-174; s. 944, ch. 97-102.

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