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How You Can Discharge Your Student Loans in Bankruptcy

By Kelley Kaplan & Eller |

How can you discharge your federal student loans in bankruptcy? The process has become easier than ever before, and one of the experienced West Palm Beach bankruptcy lawyers at our firm is here to help you. You might have heard that student loan debt cannot be discharged, which we want to make clear is… Read More »

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Bankr24

Should I File for Bankruptcy If I Have Time-Barred Debt?

By Kelley Kaplan & Eller |

Have you been receiving calls from debt collectors about debt you incurred many years ago? If so, you may be wondering if you should consider filing for bankruptcy in order to have credit card debt, medical debt, or another type of consumer debt discharged. Bankruptcy can be an extremely helpful tool for debtors in… Read More »

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StudentLoanBankruptcy

More Student Debtors Are Filing for Bankruptcy in First Year of New Process

By Kelley Kaplan & Eller |

Anyone who is struggling with student loan debt should know that there is a new process in place for having student loans discharged in bankruptcy, and that new process has been in place since November 2022. According to a recent press release from the US Department of Justice (DOJ), the new process has proven… Read More »

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Can Bankruptcy Protect Against a Debt Lawsuit?

By Kelley Kaplan & Eller |

Many people in South Florida who are struggling with debt want to know: can filing for bankruptcy protect against a debt lawsuit? Or, in other words, can filing for bankruptcy prevent a debtor from being sued by a creditor or debt collector? In short, the answer is usually yes as a result of the… Read More »

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Bankr22

Reasons to Consider Subchapter V Bankruptcy

By Kelley Kaplan & Eller |

Subchapter V bankruptcy is still a relatively new option for businesses. It was created in 2019 through the Small Business Reorganization Act (SBRA), and it was designed to streamline reorganization bankruptcies for smaller businesses with limited amounts of debt. Under the SBRA, small businesses can avoid some of the complications and costs of a… Read More »

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Bank17

What is Cash Collateral in a Chapter 11 Bankruptcy?

By Kelley Kaplan & Eller |

Is your business considering the possibility of filing for Chapter 11 bankruptcy? Whether you are merely considering a Chapter 11 bankruptcy filing or are planning to file in the near future, it is important to learn about key terms that will become relevant in your bankruptcy filing. One term that you should understand is… Read More »

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Bankr6

Rising Rate of Small Business Bankruptcies and Subchapter V

By Kelley Kaplan & Eller |

For quite some time, commentators have been suggesting that the rates of individual bankruptcy filings under Chapter 7 and Chapter 13 will increase as consumers return to making student loan payments and continue to contend with the effects of inflation. Yet in practice, business bankruptcies have been rising at a rate that is notable…. Read More »

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StudentLoanPayment

Student Loan Payments Have Restarted — Can You Discharge Those Loans in Bankruptcy?

By Kelley Kaplan & Eller |

Federal student loan payments have restarted for millions of Americans, and although many have been approved for income-driven repayment (IDR) programs that include the new “SAVE” plan designed to lower monthly payments for many borrowers, many of those student loan debtors will soon be struggling to make their payments. Now that student loans have… Read More »

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QuestionMoney

How Much Will My Bankruptcy Case Cost?

By Kelley Kaplan & Eller |

When you are planning to file for personal bankruptcy, or your business is considering a bankruptcy filing in South Florida, a question that often comes to mind is one concerning cost. In short, how much does a bankruptcy case cost? There is no single answer to that question since the cost of a bankruptcy… Read More »

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Bank6

Does My Business Have to Liquidate Assets in Bankruptcy?

By Kelley Kaplan & Eller |

Many people assume that any type of bankruptcy filing involves the liquidation of assets. Indeed, it is a common myth or misconception that any kind of bankruptcy will involve losing all personal and/or business assets. In fact, there is no type of personal bankruptcy in which all of an individual’s assets will be liquidated… Read More »

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