Why Florida’s little known “State Bankruptcy” statute is being used by Meraki

“Assignments for the Benefit of Creditors” Leave Fewer Remedies Than Federal Bankruptcy — And Why Sunnova/Mosaic/Meraki Customers Must Act Now

In the new Meraki state-court assignment case in Escambia County, Florida, most creditor remedies run through the court-appointed assignee—not through creditors directly. That is very different from federal bankruptcy practice in Houston (e.g., Mosaic and related matters), where creditors can file full adversary proceedings and use the Bankruptcy Rules to obtain discovery, avoidance, and injunctive relief directly. In Florida’s Chapter 727 assignment, there is no adversary proceeding vehicle; creditors must rely on (or overcome) the assignee’s gatekeeping function. Our recent filings in Escambia underscore this practical limitation and explain why time is short to preserve value.

What the Escambia Assignment Does (and Doesn’t) Do

Meraki filed an Assignment for the Benefit of Creditors (ABC) in Escambia County on August 19, 2025. In an ABC, the company conveys essentially all assets to an assignee to liquidate and pay creditors pro rata after administrative costs—there is no reorganization, and no discharge of personal claims like in Chapter 11; the focus is asset collection and distribution.

Because the assignee controls estate causes of action, creditors cannot initiate a bankruptcy-style “adversary proceeding” in the ABC. Instead, as our motion explains, the assignee has the duty under § 727.108(1)(c) to examine transfers and pursue voidable-transfer claims; creditors can ask the court to compel that investigation or (if the assignee declines) request derivative authority to sue on the estate’s behalf. Those are narrower levers than federal adversary proceedings.

Our Notice of Appearance/Reservation of Rights similarly puts the court and parties on notice that we intend to (i) object to classifications/distributions, (ii) compel investigation of alleged pre-petition transfers (including Freedom Forever/Solar Pros issues), and (iii) pursue FUFTA recovery if needed—but again, these steps are taken within the assignment framework and typically require leave or action by the assignee.+

Why That’s Narrower Than Federal Bankruptcy (Mosaic and Sunnova currently in Texas Federal Courts)

In the Houston bankruptcy matters (e.g., Mosaic Finance in the Southern District of Texas), counsel seeks admission pro hac vice and can prosecute (or defend against) adversary proceedings directly under Part VII of the Federal Rules of Bankruptcy Procedure, with discovery, Rule 2004 examinations, and nationwide service of process. Our exemplar PHV filing in the Mosaic case shows the admission workflow in TXSB.

Key practical difference: In bankruptcy, creditors and estates routinely bring adversary complaints for fraud, preferences, and fraudulent transfers. In Florida ABCs, there’s no adversary docket—creditors must persuade the assignee or obtain court approval in order to sue derivatively, which adds delay and risk and can reduce leverage in settlement. Our Escambia motion asks the court to mandate an investigation and, in the alternative, grant derivative standing if the assignee won’t act.

Why Speed Matters: Transfers, Shrinking Estates, and “Last Real Opportunity”

Our filings flag alleged pre-assignment transfers/“merger” announcements involving Freedom Forever and Solar Pros and ask the court to compel production of the underlying agreements and investigate whether FUFTA claims exist. If those assets have moved and are not timely clawed back, estate value erodes and the pot available for victims shrinks.

We expressly warned that unless these transactions are investigated and challenged, substantial value may be lost, and creditors could be irreparably harmed. That is the practical risk with an ABC: it is a liquidation run by an assignee with limited tools and a short runway; if avoidance isn’t pursued promptly, recoveries vanish.

If you have a Meraki contract: the Escambia assignment may be the last real opportunity to seek meaningful state-court relief before assets are dispersed. Our notice also reserves victims’ rights to pursue quiet title/UCC matters where appropriate—another reason to act while the court still has the file open and the assignee is within the court’s supervision.

How This Intersects with Sunnova & Mosaic Customers

For customers tied to Mosaic (and, in similar Houston bankruptcy matters, Sunnova), the federal bankruptcy forum allows adversary proceedings and robust discovery tools that simply do not exist in the Florida ABC. That is why we have sought/obtained PHV admissions in Houston: to press those rights directly in bankruptcy court.

By contrast, in the Meraki ABC the court must first direct the assignee to investigate and pursue recovery—or grant creditors derivative standing. There is no parallel to filing your own adversary complaint on Day 1.

Why Everyone Should Pay Attention (Including Freedom Forever / Solar Pros / Meraki Tracks)

Whether you are a current client or not, if your solar transaction involved Meraki, Freedom Forever, Solar Pros, or financing through a platform such as Dividend Finance, the assignment and any prior asset transfers can affect your claim priority, who actually holds your contract (loan/lease as well), and what pool of assets is left to satisfy claims. Our motion specifically requests the assignee to produce and investigate the July 2024 transaction documents that announced the acquisition/integration of Meraki with Freedom Forever and Solar Pros—because if value moved out before the ABC, it must be traced and (if warranted) clawed back quickly.

Important note: Allegations remain just that—allegations—until a court orders discovery and reaches findings. Our filings preserve and pursue remedies on victims’ behalf within the constraints of each forum.

A Narrow and Closing Window

Assignments move quickly: assets are liquidated “with reasonable dispatch,” administrative costs are paid, then creditors are paid pro rata from whatever remains. The longer you wait, the more the estate shrinks and evidentiary trails go cold.

Our intake window is limited because filing/objection deadlines and procedural milestones in both state assignment and federal bankruptcy are approaching. We will not be taking new matters much longer.

What We’re Doing Now (and What You Should Do)

Because the public “partnership/merger” announcements are squarely at issue in the ABC investigation requests, Freedom Forever customers should schedule a short consult immediately so we can preserve claims and documents.

Fee, Capacity, and Next Steps

• Flat Fee True Retainer Packages Available starting at $15,000.00.
• Capacity is limited. If we cannot take your matter, retain another qualified lawyer promptly—waiting could materially prejudice your rights given the short filing windows in both the ABC and bankruptcy forums.
• How to proceed today:
  • Gather your contracts, financing documents (TILA disclosures), UCC notices, and all emails/texts.
  • Go to our website https://joshuahortonlaw.com/consultation/ and schedule a 30-minute consult and immediately after booking your appointment, fill out the solar panel intake form and upload your documents directly to that form here, https://joshuahortonlaw.com/solar-fraud-intake-form/.
  • Be prepared to move quickly on objections, claims, or targeted recovery actions.

Legal notice: This post is attorney advertising intended for Florida and D.C. consumers; it summarizes allegations and procedural options from public filings. Results depend on facts and law unique to each case; no guarantee of outcome is made. If you are a Sunnova, Mosaic, or Meraki customer, or financed through platforms such as Dividend Finance, speak with counsel promptly.