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Category Archives: Bankruptcy Attorneys

StudentLoan3

Software and Tools for Discharging Student Loans

By Kelley Kaplan & Eller |

Anyone with outstanding federal student loan balances was likely disheartened after learning about the U.S. Supreme Court’s recent decision in Biden v. Nebraska (2023). In that case, the Court struck down the Biden administration’s plan to cancel anywhere from $10,000 to $20,000 in student loan debt for each borrower. As such, student loan debt… Read More »

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Bankr28

Corporate Bankruptcy Rate Expected to Rise

By Kelley Kaplan & Eller |

Are you currently questioning whether your business should consider bankruptcy? According to a recent report from Bloomberg, many companies are in the position, and a lot of them are filing for bankruptcy. Indeed, The report suggests that the relatively recent “corporate bankruptcy wave will get even uglier” as business bankruptcies continue to surge globally…. Read More »

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Bank17

What Will Happen to My Retirement Savings If I File for Bankruptcy?

By Kelley Kaplan & Eller |

Making the decision to file for personal bankruptcy can be a difficult and confusing one, and many individuals in South Florida worry that they will lose a large portion of their assets, including their retirement savings, if they do decide to file for bankruptcy. Let us make clear up front that this is a… Read More »

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Bankr11

Discharging Student Loans in Bankruptcy: What is Demonstrated Good Faith?

By Kelley Kaplan & Eller |

Now that the Biden Administration cannot move forward with plans to cancel student debt based on the outcome of the U.S. Supreme Court case Biden v. Nebraska (2023), debtors throughout Florida are wondering how they are going to be able to make payments on their educational debt. While having student loan debt discharged in… Read More »

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Bankr9

State Versus Federal Exemptions in a Bankruptcy Case

By Kelley Kaplan & Eller |

If you are considering a personal bankruptcy filing in South Florida, it is essential to learn about exemptions and how they work. Any initial research into bankruptcy exemptions will yield information about federal exemptions and state exemptions. As such, you likely have questions about which exemptions will be applicable to your case. You might… Read More »

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Bankr32

Do Businesses Receive a Discharge in a Chapter 7 Bankruptcy Case?

By Kelley Kaplan & Eller |

When you own a business and are struggling to keep the business afloat, you might be considering a corporate or business bankruptcy. Yet understanding the specifics of a business bankruptcy case can be very complicated for a business owner that does not have experience with this area of the law or has not been… Read More »

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StudentLoanRelief

Getting Relief from Student Loans through Bankruptcy

By Kelley Kaplan & Eller |

Student loan payments will soon resume, and borrowers cannot expect forgiveness under the Biden Administration’s previously proposed plan for loan cancellation. To be sure, the U.S. Supreme Court struck down the plan to cancel between $10,000 and $20,000 of federal student debt for each borrower earning under a certain amount each year. As a… Read More »

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Bankruptcy20

Residency Requirements for Florida’s Homestead Exemption

By Kelley Kaplan & Eller |

If you own real property in Florida, and if you currently live in the state and are thinking about filing for Chapter 7 bankruptcy, you might know a little bit about Florida’s extremely generous homestead exemption. As you might know more broadly, in a Chapter 7 bankruptcy case, all assets that are “exempt” under… Read More »

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Calculating2

Is Subchapter V Bankruptcy Available for My Business?

By Kelley Kaplan & Eller |

Is your business currently struggling with debt? Many small businesses in South Florida are facing financial difficulties, and many are considering the possibility of bankruptcy. While Chapter 7 bankruptcy cases for businesses do require business closure, reorganization bankruptcies are much different. The most common type of reorganization bankruptcy for businesses is Chapter 11, although… Read More »

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StudentDebt5

Fact Sheet: New Process for Student Loan Bankruptcy Discharges

By Kelley Kaplan & Eller |

There is a new process for the Department of Justice (DOJ) and Department of Education (DOE) to consider student loan bankruptcy discharge cases. In the event you have not already heard about the announcement from the DOJ back in November, now is a particularly good time to learn about the new process since student… Read More »

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