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Category Archives: Bankruptcy Attorneys

CarRepo

Can You Get Back A Repossessed Vehicle In Bankruptcy?

By Kelley Kaplan & Eller |

When you fall behind on your car payments, bankruptcy can help you get current and avoid repossession. But often people wait too long. They wait until their car has been repossessed. In fact, for many people, it is the repossession that leads them to seriously consider bankruptcy. But although bankruptcy can stop a repossession,… Read More »

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BankHouse

Will The Bankruptcy Trustee Visit My Home And Take My Property?

By Kelley Kaplan & Eller |

In a bankruptcy case, a bankruptcy trustee represents all of the creditors. The trustee has a duty to treat all creditors fairly, but also has a duty to fight for and on behalf of those creditors. That means that in some sense, the trustee has an adversarial position against you, as the debtor. The… Read More »

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Bills2

New Law Could Help Reduce Bankruptcy Related To Unexpected Medical Bills

By Kelley Kaplan & Eller |

One good thing about having health insurance, is that you can be reasonably confident that you won’t get a medical bill that is so high that it forces you into bankruptcy. But for many consumers–including those who have insurance–they still end up with shockingly large medical bills, many of which are so high that… Read More »

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FinancTrouble

Can A Creditor Take Your Home?

By Kelley Kaplan & Eller |

Can having a judgment against you leave you homeless? If you are sued for a debt, you may be initially very worried that the creditor will take your property, and leave you on the streets. In fact, some creditors may (illegally) threaten to do just this. But in fact, in Florida, a judgment creditor… Read More »

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Bankruptcy6

How And Why Can You Keep Property In A Chapter 13 Bankruptcy?

By Kelley Kaplan & Eller |

In reality, as we have written numerous times in the past, most people will not lose any property in their bankruptcy. That’s because bankruptcy provides people with a lot of exemptions, which allow them to keep property, and because most debtors simply don’t own a lot of property that has significant value (at least,… Read More »

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BankAtty

Discharging Personal Guarantees In Bankruptcy

By Kelley Kaplan & Eller |

As a general rule, your business debts are owed by the business, not you, personally. The business can sue, be sued, or file bankruptcy, and it should not ever affect your personal income, assets, credit, or other aspects of your life. Except for one situation: When you sign a personal guarantee. What is a… Read More »

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Bank13

Americans Are More In Debt Than Ever

By Kelley Kaplan & Eller |

It looks like, for now, COVID is subsiding a little bit, and as commerce starts to open, a lot of us are back to work again. Except there is one major problem hiding in American households: We, as a country, are farther in debt than we have ever been. Why All the Debt? Part… Read More »

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Bank7

What Is The U.S. Trustee?

By Kelley Kaplan & Eller |

When we talk about bankruptcy, we usually talk about the trustee in your case. The trustee is the government official that is charged with acting as a representative of your creditors. Practically, you may have a lot of creditors. They can’t all review your paperwork, ask you questions, investigate your assets, sell property, distribute… Read More »

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Bank5

Are Unemployment Overpayments Dischargeable In Bankruptcy?

By Kelley Kaplan & Eller |

During the height of the COVID-19 crisis, businesses closed down, and people found themselves out of work. As a result, many people found themselves unemployed—in fact, many states made it easier than ever to get unemployment. Overpayments of Benefits But many people who got unemployment now find themselves in a difficult situation—many received overpayments,… Read More »

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CreditCardDebt

How You Can Be Sued For A Credit Card Debt Without A Credit Agreement

By Kelley Kaplan & Eller |

If you are sued on a credit card debt, you may expect that the credit card company will show up to court with the credit agreement that you signed. After all, a credit agreement is a contract, and to sue on a contract, you need a copy of that contract. However, that isn’t always… Read More »

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