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Student Loan Discharges in Chapter 13 Bankruptcies

By Kelley Kaplan & Eller |

When a person in South Florida files for Chapter 13 bankruptcy, they are often filing for this type of bankruptcy because they have secured property that they want to keep (such as an automobile), they want to stop a foreclosure and remain in their home (which Chapter 13 allows a person to do), and/or… Read More »

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Common Errors to Avoid in a Bankruptcy Case

By Kelley Kaplan & Eller |

Bankruptcy cases are extremely complicated, and business owners and individual debtors alike often make errors when they decide to handle their bankruptcy cases on their own. Depending on the error, a mistake in a bankruptcy case can cause delays and problems, and in some circumstances, a mistake can have much more serious consequences. Indeed,… Read More »

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Why Does the Type of Debt Matter in Bankruptcy?

By Kelley Kaplan & Eller |

In any given bankruptcy case, you will need to identify debts that are secured and unsecured, and you will need to think about the dischargeability of your debts and whether any of your debts are co-signed. Why does the type of debt you have ultimately matter? There are many reasons that the type or… Read More »

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Do I Need to Know About Exemptions in a Reorganization Bankruptcy?

By Kelley Kaplan & Eller |

If you have started looking into a consumer bankruptcy filing, or if you have a friend or family member who recently filed for bankruptcy, you might know a little bit about the importance of bankruptcy in exemptions. In a Florida bankruptcy case, exemptions are available under state law, and they allow debtors to exempt… Read More »

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Retirement and Bankruptcy: Things to Consider

By Kelley Kaplan & Eller |

Deciding to file for personal bankruptcy can be a fraught decision under any circumstances, and especially after retirement. Yet many Floridians who have retired do make the decision to file for bankruptcy, often as a result of unexpected debt or other changes in financial circumstances. According to the Population Reference Bureau, Florida has the… Read More »

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Can Alimony Debt Be Discharged in Bankruptcy?

By Kelley Kaplan & Eller |

When you are filing for individual bankruptcy, one of your first questions is likely to concern the types of debts that are dischargeable. Whether you are planning to file for Chapter 7 or Chapter 13 bankruptcy, it is important to be sure that the debts you are seeking to have discharged are actually dischargeable…. Read More »

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Bankruptcy Can Help with Your Student Loans

By Kelley Kaplan & Eller |

For quite some time, consumers with student loan debt who were considering bankruptcy were either under the misconception that student loan debt was impossible to discharge, or they had heard stories about the extreme difficulty of having student loans discharged through individual bankruptcy filings. Although educational debt is identified as an exception to discharge… Read More »

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Can My Restaurant File for Subchapter V?

By Kelley Kaplan & Eller |

Restaurants can be extremely difficult businesses to run, especially in South Florida where customers tend to be more plentiful in the fall and winter months than the spring and summer months due to the “snowbird” phenomenon. Snowbirds are part-time residents of the state of Florida who travel south for the winter to stay in… Read More »

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Reasons to Avoid Credit Card Charges If You Are Planning for Bankruptcy

By Kelley Kaplan & Eller |

Whether you are considering making purchases on your credit card as the holiday season approaches, or you are planning to make a relatively large purchase to travel to see family members or to buy a gift, it is important to reconsider making charges if you are planning to file for bankruptcy. Charges on general… Read More »

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Bankruptcy Errors: Know Them to Avoid Them

By Kelley Kaplan & Eller |

Bankruptcy law in the United States is extremely complex, and it can be easy to make a common error or mistake without realizing it. Whether you are in the early stages of just beginning to contemplate a bankruptcy filing or you have already filed for bankruptcy, it is critical to know about frequent bankruptcy… Read More »

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