CS/HB 491 (2023) - Assignment for the Benefit of Creditors

General Bill by Civil Justice Subcommittee and Fernandez-Barquin (CO-SPONSORS) 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.

Companion Bill passed CS/CS/SB 600 Assignment for the Benefit of Creditors By Rules and Judiciary and Martin

Effective Date: July 1, 2023

Last Event: Companion bill(s) passed, see CS/CS/SB 600 (Ch. 2023-219) on Thursday, April 20, 2023 3:29 PM; HB Laid on Table

Lobbyist Disclosure Information

Referred Committees and Committee Actions

House Referrals

Civil Justice Subcommittee
- On agenda for: 03/20/23 10:00 AM
  View Notice Meeting Packets Action Packets
- Favorable With Committee Substitute (final action) View Meeting Appearances See Votes
Judiciary Committee
- On agenda for: 03/31/23 8:00 AM
  View Notice Meeting Packets Action Packets
- Favorable (final action) View Meeting Appearances See Votes

Related Bills

Bill #	Subject	Relationship
Bill #: CS/CS/SB 600	Subject: Assignment for the Benefit of Creditors	Relationship: Similar

Bill Text

Committee Substitute 1
- A 080831 , Fernandez-Barquin Date Filed: 04/14/23, Line#: 113
Original Filed Version
- A 867851 , Fernandez-Barquin (CJS) Date Filed: 03/17/23, Line#: 52 House(c): Adopted 03/20/2023 05:15 PM

Staff Analysis

Chamber	Committee
Chamber: House	Committee: Final Bill Analysis 6/19/2023 1:23:32 PM
Chamber: House	Committee: Final Bill Analysis 5/18/2023 2:43:15 PM
Chamber: House	Committee: Judiciary Committee 3/31/2023 1:32:26 PM
Chamber: House	Committee: Judiciary Committee 3/29/2023 5:32:25 PM
Chamber: House	Committee: Civil Justice Subcommittee 3/20/2023 4:38:17 PM
Chamber: House	Committee: Civil Justice Subcommittee 3/17/2023 10:16:33 AM

Vote History

(No Votes Recorded)

Bill History

Event	Time	Member	Committee	Ver.
Event: H Laid on Table; companion bill(s) passed, see CS/CS/SB 600 (Ch. 2023-219)	Time: 04/20/2023 - 3:29 PM	Member:	Committee:	Version: c1
Event: H Substituted CS/CS/SB 600	Time: 04/20/2023 - 3:29 PM	Member:	Committee:	Version: c1
Event: H Amendment 080831 filed	Time: 04/14/2023 - 3:45 PM	Member:	Committee:	Version: c1
Event: H Bill added to Special Order Calendar (4/20/2023)	Time: 04/13/2023 - 9:28 PM	Member:	Committee:	Version: c1
Event: H Added to Second Reading Calendar	Time: 03/31/2023 - 1:38 PM	Member:	Committee:	Version: c1
Event: H Bill released to House Calendar	Time: 03/31/2023 - 1:38 PM	Member:	Committee:	Version: c1
Event: H Reported out of Judiciary Committee	Time: 03/31/2023 - 1:38 PM	Member:	Committee: Judiciary Committee	Version: c1
Event: H Favorable by Judiciary Committee	Time: 03/31/2023 - 1:24 PM	Member:	Committee: Judiciary Committee	Version: c1
Event: H Added to Judiciary Committee agenda	Time: 03/29/2023 - 4:13 PM	Member:	Committee: Judiciary Committee	Version: c1
Event: H Now in Judiciary Committee	Time: 03/21/2023 - 5:17 PM	Member:	Committee: Judiciary Committee	Version: c1
Event: H Referred to Judiciary Committee	Time: 03/21/2023 - 5:17 PM	Member:	Committee: Judiciary Committee	Version: c1
Event: H 1st Reading	Time: 03/20/2023 - 8:00 PM	Member:	Committee:	Version: c1
Event: H CS Filed	Time: 03/20/2023 - 5:29 PM	Member:	Committee:	Version: c1
Event: H Laid on Table under Rule 7.18(a)	Time: 03/20/2023 - 5:29 PM	Member:	Committee:	Version: __
Event: H Reported out of Civil Justice Subcommittee	Time: 03/20/2023 - 5:26 PM	Member:	Committee: Civil Justice Subcommittee	Version: __
Event: H Favorable with CS by Civil Justice Subcommittee	Time: 03/20/2023 - 5:15 PM	Member:	Committee: Civil Justice Subcommittee	Version: __
Event: H Added to Civil Justice Subcommittee agenda	Time: 03/16/2023 - 4:08 PM	Member:	Committee: Civil Justice Subcommittee	Version: __
Event: H 1st Reading	Time: 03/07/2023 - 10:01 PM	Member:	Committee:	Version: __
Event: H Now in Civil Justice Subcommittee	Time: 02/01/2023 - 11:39 AM	Member:	Committee: Civil Justice Subcommittee	Version: __
Event: H Referred to Judiciary Committee	Time: 02/01/2023 - 11:39 AM	Member:	Committee: Judiciary Committee	Version: __
Event: H Referred to Civil Justice Subcommittee	Time: 02/01/2023 - 11:39 AM	Member:	Committee: Civil Justice Subcommittee	Version: __
Event: H Filed	Time: 01/24/2023 - 11:38 AM	Member: Fernandez-Barquin	Committee:	Version: __

Statutes Referenced by this Bill

Statute	Other Bill Citations
727.101	CS/CS/SB 600
727.104	CS/CS/SB 600
727.105	CS/CS/SB 600
727.106	CS/CS/SB 600
727.110	CS/CS/SB 600