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SS FUNDING LLC v. PHELAN

No. 3D07-621.

981 So.2d 1282 (2008)

SS FUNDING LLC, Appellant, v. Michael PHELAN, etc., et al., Appellees.

District Court of Appeal of Florida, Third District.

May 28, 2008.

Attorney(s) appearing for the Case

Arnstein & Lehr, Phillip M. Hudson III, Hilda Piloto, Miami and Joshua E. Young, for appellant.

Adorno & Yoss and Jack R. Reiter, Miami, for appellee, Raltron Electronics Corporation.

Before GERSTEN, C.J., and WELLS and ROTHENBERG, JJ.

ROTHENBERG, J.

Raltron Electronics Corporation ("Raltron") executed a statutory general assignment for the benefit of creditors, assigning all of its assets, except those "exempt by law from levy and sale under an execution," to Michael Phelan ("the Assignee"). See § 727.104, Fla. Stat. (2006). The Assignee filed a Petition Commencing Assignment for the Benefit of Creditors in the circuit court.1

The Assignee filed...

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