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Author Archives: Jay Butchko

Debt10

Debt Limits Revert in Chapter 13 and Subchapter V Bankruptcies

By Kelley Kaplan & Eller |

Have you been considering the possibility of a Chapter 13 bankruptcy filing, or a Subchapter V filing for your business? While these types of bankruptcy are quite different from one another aside from both being types of reorganization bankruptcy, they have one important and recent thing in common: the debt limits, or debt ceilings,… Read More »

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Bankr27

What Does “Residency” Mean for Florida Bankruptcy Exemptions?

By Kelley Kaplan & Eller |

Florida has a wide range of bankruptcy exemptions that are especially valuable for individual debtors who are filing for Chapter 7 bankruptcy, although the exemptions are also relevant in Chapter 13 bankruptcy cases. If you are planning to file for Chapter 7 bankruptcy, Florida’s bankruptcy exemptions will allow you to protect any property that… Read More »

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CoupleDebt

Do Both Spouses Need to File for Bankruptcy Together?

By Kelley Kaplan & Eller |

Many marriages struggle with financial problems, and debt is a frequent conflict in marriages throughout Florida. Indeed, according to a report from CNBC, more than 50 percent of married couples consider divorce because of a spouse’s debt, and when married couples share a substantial amount of debt, that debt often leads to disagreements and… Read More »

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BankrLaw

How Will the Automatic Stay Protect Me in a Bankruptcy Case?

By Kelley Kaplan & Eller |

When an individual files for personal bankruptcy in South Florida, the automatic stay will provide a number of important protections against additional debt collection actions. The specific benefits of the automatic stay — and how it will apply to your bankruptcy case in particular — will depend on the nature of your current debts… Read More »

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CreditCards4

Corporate Credit Cards and Bankruptcy

By Kelley Kaplan & Eller |

Whether you are a small business owner yourself and have business credit cards, or you work for a large corporation and have been issued a corporate credit card, any plans you have to file for bankruptcy are likely resulting in concerns about business credit cards and the bankruptcy process. To be sure, you are… Read More »

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Bankr12

How Can I Protect My Property If I File for Chapter 7 Bankruptcy?

By Kelley Kaplan & Eller |

If you are considering a Chapter 7 bankruptcy filing, you likely already know that you will be filing for liquidation bankruptcy. In a liquidation bankruptcy, all non-exempt assets will be liquidated so that creditors can be repaid as fully as possible and so that you can receive a discharge of your existing debt. Many… Read More »

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CarLoan2

New Law in Florida Protects Cars in Bankruptcy Cases

By Kelley Kaplan & Eller |

Whether you are considering a Chapter 7 bankruptcy filing or a Chapter 13 bankruptcy filing in Florida, you should know that there is a new law in Florida that will allow many more debtors to protect the full value of their automobile when they file for bankruptcy. The new law, SB 158, was recently… Read More »

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BankFile

How is Family Support Treated in a Personal Bankruptcy?

By Kelley Kaplan & Eller |

In the West Palm Beach area and throughout the state of Florida, consumers can be required to pay family support (child support or alimony), or can be awarded family support (child support or alimony) in a family law case. While it is important to remember that bankruptcy law is separate from family law in… Read More »

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CreditCardUsage

Can I Make Credit Card Purchases Before Filing for Bankruptcy?

By Kelley Kaplan & Eller |

When an individual is considering the possibility of filing for bankruptcy, or has even taken steps to plan for a bankruptcy filing, it can be difficult to completely change your financial habits in the weeks or months leading up to the bankruptcy filing. And in some cases, it may be necessary to continue making… Read More »

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NonCompeteWoman

New FTC Rule on Non-Compete Agreements

By Kelley Kaplan & Eller |

Business owners in South Florida and throughout the country should be aware of a final rule issued by the Federal Trade Commission (FTC) concerning noncompete agreements. In short, an FTC press release indicated that the final rule is designed “to promote competition by banning noncompetes nationwide, protecting the fundamental freedom of workers to change… Read More »

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