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Cramdown Articles

by Christie Arkovich On January 20, 2021, President Biden signed an executive order extending pandemic- related student loan relief to September 30, 2021. That relief was originally set to expire on January 31, 2021. Here’s what you need to know: • All payments, interest, and collections on government-held federal student loans will continue to be...
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By Henris Zaimaj & Ronald Espinal, Candidates for Juris Doctor, Stetson University College of Law What happens when a creditor, based on a prepetition arbitration agreement with the debtor, files a motion to compel arbitration of a debtor’s claim for willful violation of the automatic stay? Will the dispute get decided by a bankruptcy judge...
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by Kristina Feher, Feher Law PLLC Introduction As the split among circuits deepened, the United States Supreme Court took up the case of Husky Intern. Electronics, Inc. v. Ritz, U.S. , 136 S. Ct. 1581 (2016) to determine whether “actual fraud” requires a false representation or whether it encompasses other traditional forms of fraud that...
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by Adam Gilbert, Underwood Murray PC One of the benefits of practicing in the United States Bankruptcy Court for the Middle District of Florida (the “District”) is the use of conditional approval of disclosure statements in Chapter 11 cases. Conditional approval often allows for expedited consideration of the debtor’s plan of reorganization, saving debtors the...
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by Michael Barnett, Michael Barnett, PA The amount of fees allowed to a substantially oversecured creditor, Farm Credit, in a complicated Chapter 12 case was at issue before Judge Collins in In re Kurtenback, 2020 Bankr. LEXIS 3336, Case No 18- 01607 (Bankr. N.D. Iowa, 30 Nov 2020). The Debtor had proposed five Chapter 12...
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