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SMITH v. EFFECTIVE TELESERVICES, INC.

Nos. 4D12-3952, 4D12-3957.

133 So.3d 1048 (2014)

Allerd Charles SMITH, Appellant, v. EFFECTIVE TELESERVICES, INC., a Florida corporation, n/k/a Etech, Inc., Dilip Barot, individually, Etech Texas, LLC, a Florida Limited Liability Company, Etech Texas, LLC, a Delaware Limited Liability Company, and Matthew F. Rocco, individually, Appellees.

District Court of Appeal of Florida, Fourth District.

January 8, 2014.

Attorney(s) appearing for the Case

Erik Figlio , John Beranek , Robert N. Clarke, Jr. , and Richard Doran of Ausley & McMuller, Tallahassee, and Peter M. Feaman , of Peter M. Feaman, P.A., Boynton Beach, for appellant.

Alan B. Rose and Roy E. Fitzgerald of Page Mracheck , Fitzgerald, Rose, Konokpa & Dow, P.A., West Palm Beach, for appellee, Etech Texas, LLC.

W. Chester Brewer, Jr. of W. Chester Brewer, Jr., P.A., West Palm Beach, for appellee, Matthew F. Rocco.

GROSS, J.

The primary question presented in this case is as follows: After a judgment debtor files a Chapter 727 assignment for the benefit of creditors, may a judgment creditor separately pursue a Chapter 726 claim that the judgment debtor fraudulently transferred assets to a third party before making the Chapter 727 assignment? In these circumstances, we hold that if a Chapter 727 assignee has abandoned or sold and assigned...

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