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The Cramdown
Reprinted with permission of Judge Karen S. Jennemann Over 28 years ago, on November 3, 1993, Eleventh Circuit Judge Gerald Tjoflat swore me in as the first woman bankruptcy judge in Florida. Thirteen years later, in 2006, Laurel Isicoff joined me as a female colleague in the Southern District of Florida. On February 2, 2022,...
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by: Christie Arkovich, Christie@christiearkovich.com Sudent loan debt continues to remain a problem for many. The Covid forbearance is scheduled to end May 1, 2022 and federal student loan payments are expected to re-start. Some new developments over the past few weeks and months have included: Navient/Attorney General settlement: 39 Attorneys General entered into a settlement...
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By Bridget Dennis, Shutts & Bowen LLP In the case of In re Stanford, the Chapter 11 debtors appealed the bankruptcy court’s decision to approve a sale of the debtors’ real estate under Section 363(b), which ultimately occurred while the appeal was pending. 17 F.4th 116, 119 (11th Cir. 2021) The Eleventh Circuit posed the...
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By Daniel Etlinger, Jennis Morse Etlinger Recently the Tampa Bay Bankruptcy Bar Association’s (TBBBA) Board has endeavored to digitize every historic issue of The Cramdown, all the way back to its roots as The Cram-Down! The Cramdown’s contributions – from local news to national trends to thought-provoking position pieces –should be celebrated. Moving forward, the...
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By Kristina Feher, Esq. Feher Law, P.L.L.C. On Nov. 15, 2021, the Eleventh Circuit held that the failure to give notice of non-debtor, third-party releases, as required by Bankruptcy Rule 2002(c)(3), is not fatal when the same information was contained in the plan and disclosure statement sent to the creditor who sought to sue third...
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By Alexis Ercia, Stetson University College of Law The elderly are more susceptible to predatory lending, making poor financial decisions, acquiring excessive debt, and being financially exploited. Take Sally Mae: Sally Mae was the primary caretaker to her children. Her husband, Daniel, was the sole breadwinner. Daniel always went above and beyond to provide for...
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By Kathleen L. DiSanto, Bush Ross, P.A. The Eleventh Circuit’s decision in Kearney and Surety Company of America appears to stand for the proposition that the grant of an all-asset pledge includes an individual retirement account.1 Stripped down to a basic level, the Eleventh Circuit’s conclusion seems unsurprising, at least at first blush. Indeed, such a...
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by Noel R. Boeke Holland & Knight LLP As we remain enmeshed in Remote Reality in the comfort of our homes in Florida, I think of our military forces who have been deployed around the globe for so many years – many of whom serve here at MacDill Air Force Base. The United States Special...
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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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