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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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Common Timelines in Bankruptcy Cases

By Kelley Kaplan & Eller |

How long does the average bankruptcy case take, and what are the steps in a timeline for the average bankruptcy case? Since there are various types of bankruptcy, there is no single overall bankruptcy timeline, but there are particular expectations that you may be able to use as a guide based on the type… Read More »

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Bankruptcy and Holiday Season Planning: Things to Consider

By Kelley Kaplan & Eller |

If you are currently struggling with debt and have been considering the possibility of filing for consumer bankruptcy in South Florida, it is important to have a clear understanding of how a bankruptcy case can be impacted by holiday season spending. In other words, it is essential to learn more about how spending prior… Read More »

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Liquidation Versus Reorganization: What to Know

By Kelley Kaplan & Eller |

Whether you are researching bankruptcy options for yourself as an individual debtor or for your business, you have likely come across the terms “liquidation” and “reorganization” in various contexts. You might have realized that these terms are used to refer to different types of bankruptcies, and that there are many different chapters of bankruptcy… Read More »

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Steps in a Chapter 7 Student Loan Bankruptcy Case

By Kelley Kaplan & Eller |

Debtors throughout Florida have entered back into student loan repayment, and many are struggling with debt. Even with revised income-based repayment options, debtors are still finding it difficult — and often impossible — to make ends meet with an added monthly student loan payment. For debtors who have been feeling overwhelmed by student loan… Read More »

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Part-Time Florida Residents and Bankruptcy Cases

By Kelley Kaplan & Eller |

Florida is a state with an extremely large population of part-time residents, primarily including retirees who spend their winters in the state. According to Kiplinger, nearly 22 percent of the state’s residents are aged 65 and older. During the winter months, the overall Florida population rises about 5 percent due to an increased number… Read More »

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Am I Eligible for Bankruptcy Exemptions?

By Kelley Kaplan & Eller |

If you have some familiarity with bankruptcy processes, you might know that “exemptions” are important in most individual bankruptcy cases. While exemptions are relevant in most personal or consumer filings, they do serve different purposes. In a Chapter 7 bankruptcy case, exemptions are what allow the debtor to retain certain property or assets while… Read More »

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Getting Ready to Have Your Student Loans Discharged in Bankruptcy

By Kelley Kaplan & Eller |

Are you ready for student loan payments to resume? If not, you are certainly not alone. Borrowers throughout Florida are experiencing anxiety about the restart of student loan payments, and many are wondering if new guidelines could mean that it is possible to have their student loan debt discharged in a bankruptcy case. If… Read More »

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What to Know About the Attestation Form and Student Loan Bankruptcy Discharges

By Kelley Kaplan & Eller |

Do you have a significant amount of student loan debt, and are you planning to file for bankruptcy in hopes of having that debt discharged? Our firm wants to emphasize that the U.S. Department of Justice (DOJ) released new guidance in late 2022 concerning the discharge of student loans in bankruptcy, and that guidance… Read More »

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Risks of Handling a Bankruptcy Case Without a Lawyer

By Kelley Kaplan & Eller |

When you are struggling with seemingly insurmountable debt and are considering a bankruptcy filing, either personal bankruptcy or business bankruptcy, you might be thinking that it is possible to handle the bankruptcy case on your own without assistance from an attorney. While certain parts of any bankruptcy case might be relatively straightforward, bankruptcies in… Read More »

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