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Category Archives: Bankruptcy Attorneys

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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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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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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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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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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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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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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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