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Category Archives: Bankruptcy Attorneys

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The Myth Of The Deadbeat Bankruptcy Filer

By Kelley Kaplan & Eller |

When people talk about why they don’t want to file for bankruptcy, they will often talk about losing their property or losing money. The reality is that people rarely lose anything in bankruptcy. But here is the real reason many people don’t file for bankruptcy: They are afraid of being seen as “deadbeats,” or… Read More »

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Keeping Inheritances In Bankruptcy

By Kelley Kaplan & Eller |

As a general rule, property that you own before you file for bankruptcy needs to be protected in order for you to keep it. But any property that you get or earn after your bankruptcy discharge is yours. The bankruptcy court can’t “reach out” after the case is closed and over and take property… Read More »

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Bankr21

Here’s Why You Won’t Lose All Your “Stuff” In Bankruptcy

By Kelley Kaplan & Eller |

The way that bankruptcy works at its most fundamental level is that you give up your things, they are sold, they pay off your creditors in full or in part, and you are debt free. Except, there’s one problem with that fundamental—which most people believe is true, but which in fact is not: You… Read More »

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All About Bankruptcy And Your Bank Accounts

By Kelley Kaplan & Eller |

When you file for bankruptcy, you may think about all your property, but don’t forget about your bank accounts. Because most people who file for bankruptcy don’t have huge balances or huge deposits, bank accounts are often overlooked. Here’s some information on how your bank accounts are treated when you file for bankruptcy. Your… Read More »

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Can You Sell Property Before You File For Bankruptcy?

By Kelley Kaplan & Eller |

If you are thinking of filing for bankruptcy, you probably think you’re going to lose a lot of your assets. That thinking is, for most people, and in most cases, false. Still, the fear of that happening drives a lot of people to want to sell off their things, as quickly as possible, before… Read More »

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Bank19

Executives Get Big Time Bonuses Before Companies File For Bankruptcy

By Kelley Kaplan & Eller |

If your company is having financial problems, it may be thinking of bankruptcy. That may include Chapter 11 bankruptcy, which gives your company the ability to reorganize itself, and live to do business again, only restructured. Generally, creditors will work with you—in many cases, they have to—when you file for Chapter 11. But there’s… Read More »

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Florida Or Federal Bankruptcy Exemptions? Which Will Apply To My Case?

By Kelley Kaplan & Eller |

Florida has very generous bankruptcy exemptions, especially when it comes to things like homesteads, where there is practically an unlimited homestead exemption. But because of these exemptions, many people try to move to Florida and then file for bankruptcy, just to get the benefit of Florida’s exemptions. Residency Requirements To avoid that, federal bankruptcy… Read More »

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How Will A Bankruptcy Trustee Know If You’re Lying?

By Kelley Kaplan & Eller |

You’re filling out your bankruptcy paperwork, and your bankruptcy attorney told you how important it is to be truthful. But a part of you is wondering, if you’re not entirely truthful, who will know the difference? How will the bankruptcy court or trustee ever know what the real truth is? There are a lot… Read More »

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BankrRetire

No, You Won’t Lose Your Retirement Money In Bankruptcy

By Kelley Kaplan & Eller |

If you are filing for bankruptcy, the one thing you really can’t stand to lose, is your retirement account. Luckily, bankruptcy will usually not do anything to your retirement, and most retirement accounts are completely bankruptcy exempt. ERISA and Non-ERISA All Get Protections Because of a 2005 law change, almost every kind of ERISA… Read More »

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When Should You File For Bankruptcy If Your Income Varies Month To Month?

By Kelley Kaplan & Eller |

Many Americans’ incomes are fairly consistent. Sure, we get a raise here and there, maybe a bonus, but for the most part, our incomes stay consistent from month to month. But for other people, income can vary. Perhaps they work on commission, or do side jobs that may vary in how often they occur,… Read More »

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