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., 133 So. 3d 1048

ISSUE: Whether, after a judgment debtor filed an assignment for the benefit of creditors, under ch. 727, Fla. Stat., was a judgment creditor entitled to separately pursue a claim under the Florida Uniform Fraudulent Transfer Act, ch. 726, Fla. Stat., that the judgment debtor fraudulently transferred assets to a third party before making the ch. 727 assignment. HOLDINGS: [1]-If a ch. 727 assignee had abandoned or sold and assigned a judgment creditor's fraudulent transfer claim, the judgment creditor could pursue the ch. 726 claim. The assignee's abandonment or sale and assignment of a claim was a condition precedent to a judgment creditor's ability to bring suit outside of a ch. 727 assignment; [2]-To the extent that the transfers were voidable under ch. 726, the assignor's equitable interest in the property so transferred was an asset of the estate under § 727.103(1), Fla. Stat. (2010).