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CS/HB 491: Assignment for the Benefit of Creditors

GENERAL BILL by Civil Justice Subcommittee ; Fernandez-Barquin ; (CO-INTRODUCERS) Leek

Assignment for the Benefit of Creditors; Revises requirements for commencement of proceedings for general assignments; provides courts with judicial discretion to determine compliance; provides for assignee's ability to rely on, & defense for good faith compliance with, court orders, judgments, decrees, & rules of law; establishes nonliability of assignee when certain requirements are met; limits assets creditor or other party in interest may pursue in action against assignee; excludes creditors from being required to turn over assets of estate upon notice of assignment action or proceeding; requires negative notice in assignment action by assignee upon filing of notice of rejection.

Effective Date: 7/1/2023
Last Action: 4/20/2023 House - Laid on Table; companion bill(s) passed, see CS/CS/SB 600 (Ch. 2023-219)
Bill Text: PDF



Bill History

Date Chamber Action
1/24/2023 House • Filed
2/1/2023 House • Referred to Civil Justice Subcommittee
• Referred to Judiciary Committee
• Now in Civil Justice Subcommittee
3/7/2023 House • 1st Reading (Original Filed Version)
3/16/2023 House • Added to Civil Justice Subcommittee agenda
3/20/2023 House • Favorable with CS by Civil Justice Subcommittee
• Reported out of Civil Justice Subcommittee
• Laid on Table under Rule 7.18(a)
• CS Filed
• 1st Reading (Committee Substitute 1)
3/21/2023 House • Referred to Judiciary Committee
• Now in Judiciary Committee
3/29/2023 House • Added to Judiciary Committee agenda
3/31/2023 House • Favorable by Judiciary Committee
• Reported out of Judiciary Committee
• Bill released to House Calendar
• Added to Second Reading Calendar
4/13/2023 House • Bill added to Special Order Calendar (4/20/2023)
4/20/2023 House • Substituted CS/CS/SB 600
• Laid on Table; companion bill(s) passed, see CS/CS/SB 600 (Ch. 2023-219)