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Monthly Archives: May 2021

HomesteadExemption

Can You Lose Your Homestead Exemption?

By Kelley, Fulton & Kaplan |

One of the greatest protections afforded to consumers who file bankruptcy in Florida is the homestead exemption. The homestead exemption allows a debtor to protect from bankruptcy or creditors any property or home up to a half of an acre (160 acres, if in a rural area). The debtor must have lived in Florida… Read More »

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Bankruptcy19

Common Objections To Proposed Chapter 13 Repayment Plans

By Kelley, Fulton & Kaplan |

In a Chapter 13 bankruptcy, you will have to propose a plan to repay your creditors over the course of the 3-5 year plan. The good news is that you usually won’t pay anywhere near the entire amount that you owe, and rarely if ever will you lose property. Getting Plan Approval But a… Read More »

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Bankruptcy18

Will My Employer Know That I Filed For Bankruptcy?

By Kelley, Fulton & Kaplan |

If you are filing for bankruptcy, you may be concerned about privacy—especially about keeping your employer from knowing that you filed for bankruptcy. Is there a way to ensure that your employer doesn’t know about your bankruptcy? When Your Employer Has to Know As a general rule, there is no obligation to notify your… Read More »

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Bankr11

Deficiency Judgments And Bankruptcies

By Kelley, Fulton & Kaplan |

You are in foreclosure, or having a car repossessed, and you’re thinking about bankruptcy. Although different kinds of bankruptcies can have different effects on these kinds of situations, none of that matters to you—you want to get rid of the car or the house anyway. Maybe it’s too expensive, or maybe you don’t like… Read More »

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Bank10

Reinstating A Suspended License Through Bankruptcy

By Kelley, Fulton & Kaplan |

Imagine that you are driving without insurance in Florida, against Florida law that requires all drivers to carry minimum insurance. You cause an accident and you are sued. If a judgment is entered against you, and you can’t pay it, you may end up with your license suspended until you’re able to pay the… Read More »

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Bank1

Why Would A Bankruptcy Trustee Abandon Property?

By Kelley, Fulton & Kaplan |

In a bankruptcy, any property that you own that is not protected can be taken by the trustee, sold or liquidated, and the proceeds given to your creditors to pay off your debts. Although for most people, their property will fit under the allowed exemptions, thus avoiding property from being taken, sometimes even when… Read More »

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Bankr10

Calculating Disposable Income In A Chapter 13 Plan

By Kelley, Fulton & Kaplan |

In a Chapter 13 bankruptcy, a consumer will pay some money to an unsecured creditor through the life of the Chapter 13 bankruptcy plan. But how much will be paid? In most cases, nowhere near the amount that is owed—one huge benefit of Chapter 13 is the ability to pay off loans for pennies… Read More »

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Bankr21

What Is An Adversarial Proceeding?

By Kelley, Fulton & Kaplan |

Normally, bankruptcy cases are not considered adversarial. Unlike a personal injury case, or a family law case, or a business law case, there are not two sides squaring off against each other, with one side winning and one side losing. In other words, bankruptcies are not what you would normally call “lawsuits.” Granted, this… Read More »

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Bankruptcy14

Bankruptcy: Pros And Cons For Filing As A Married Couple

By Kelley, Fulton & Kaplan |

If you are married, it is likely that you do almost everything together, or at least, you are on the same page about almost everything in life. But what about bankruptcy? Do you have to file bankruptcy jointly as a couple or can you file as just one person even though you are married?… Read More »

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Eviction6

Bankruptcy And Evictions

By Kelley, Fulton & Kaplan |

If you file for bankruptcy and you rent property, there are things you should know about how the bankruptcy will affect your rental agreement. Many consumers are afraid that their landlord will retaliate against them if their landlord gets notice of the bankruptcy, but in fact, this is unlikely to happen. Your landlord is… Read More »

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