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The Cramdown
By Lynne Xerras, Kathleen St. John Holland & Knight, LLP Those who lease commercial property may find themselves unwilling participants in complex proceedings before the U.S. bankruptcy courts when a tenant files bankruptcy. Meanwhile, the lease becomes an asset among the “property of the estate” of the debtor, and the automatic stay imposed by U.S....
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by: Christie Arkovich Christie@christiearkovich.com Big changes are on the horizon for federal student loan borrowers. While everyone is expected to resume payments in October 2021, there may be a further extension of the forbearance. Borrower Defense to Repayment. The Borrower Defense to Repayment program is once again a promising route to take toward forgiveness. The...
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By Judge Cathy Peek McEwen United States Bankruptcy Judge Middle District of Florida A subchapter V bankruptcy is designed to go fast to contain costs. In his written testimony to Congress on behalf of the National Bankruptcy Conference in support of the Small Business Reorganization Act of 2019, Bankruptcy Judge Tom Small (Ret.) affirmed that...
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By Breyon Love, JD, MBA Class of 2021, Stetson University College of Law Since the Great Recession, student loan debt has increased by over 160%, surpassing the growth of mortgage, auto loan, and credit card debt.1 With over $1.7 trillion in outstanding student loans, student loan debt is arguably the most significant economic problem facing...
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By Alexander Maza St. Thomas University College of Law Student, J.D. Candidate 2023, and Federal Judicial Intern for the Tampa Division of the United States Bankruptcy Court for the Middle District of Florida Do communications with an accountant acting as an agent of a client or attorney fall under the attorney-client privilege under federal law...
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By Bridget Dennis Shutts & Bowen, LLP In the case of In re Breland, a creditor moved to dismiss the debtor’s individual Chapter 11 case, or alternatively, to have a Chapter 11 trustee appointed. 570 B.R. 643, 661 (Bankr. S.D. Ala. 2017), aff’d, 610 B.R. 389 (S.D. Ala. 2019), rev’d, 989 F.3d 919 (11th Cir....
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By Kristina E. Feher, Esq. Feher Law, PLLC Introduction On April 29, 2021, the Florida Supreme Court entered its opinion regarding the amended Florida Rule of Civil Procedure 1.510 and “align[ed] Florida’s summary judgment standard with that of the federal courts and the supermajority of states that have already adopted the federal summary judgment standard.”...
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By Catherine Peek McEwen Bankruptcy Judge, United States Bankruptcy Court of the Middle District of Florida The Fall 2019 issue of The Cramdown included an analysis of an interesting decision by Bankruptcy Judge Robert Gordon (now retired) involving the judge sua sponte calling the debtor’s lawyer to testify in an adversary proceeding involving an objection...
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Susan Heath Sharp was an inspiration to those who knew her. She had an amazing drive that led her to become successful in two challenging professions, accounting and law, while never letting her professional life intrude on the more important arenas of her family and faith. Late in the evening on July 4, 2021, Susan’s...
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by Noel R. Boeke Holland & Knight LLP When I initially wrote this message over a month ago, we thought Remote Reality was thankfully coming to an end. Such an extraordinary time we have lived over the last 18 months! These months in the Remote Reality have been so out of the ordinary, so strange,...
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