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Monthly Archives: June 2021

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Creditors Often Falsely Assert They Have A Security Interest In Your Property

By Kelley, Fulton & Kaplan |

Secured property is property that is put up as collateral for a debt. The most common types of secured property are cars and houses. You take out loans, which are secured by the car or house. If you don’t pay back the loan, the bank can take back the car or house through repossession… Read More »

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Undocumented Immigrants Can File For Bankruptcy If They’re Careful

By Kelley, Fulton & Kaplan |

Bankruptcy is for everybody, and anybody can find themselves in financial trouble. But what about undocumented or illegal immigrants? Can they file for bankruptcy? Or is bankruptcy only reserved for citizens, or those who are in the country legally, and with proper documentation? Undocumented Immigrants Can File The good news is that the laws… Read More »

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Chapter 11 Bankruptcy For Individuals: Why It Makes Sense

By Kelley, Fulton & Kaplan |

Chapter 11 is often thought of as a business bankruptcy, but individuals can file for Chapter 11 also. But why would an individual use a Chapter 11 bankruptcy? What benefits does a Chapter 11 have for an individual? No Means test, No IRS Guidelines The first benefit is that there is no means test…. Read More »

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How To Handle Automatic Stay Violations

By Kelley, Fulton & Kaplan |

When you file for bankruptcy, an automatic stay immediately goes into effect. This is a huge benefit to debtors—it will stop all collection activities, immediately and in their tracks. That includes everything from collection lawsuits to simple calls or letters attempting to collect a debt. It can even temporarily stop foreclosures and evictions. Not… Read More »

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Debt Collectors Are Using Loopholes To Throw Debtors In Jail

By Kelley, Fulton & Kaplan |

You cannot go to jail for being unable to pay your bills. That’s called debtor’s prison and America outlawed that practice in 1833. But debt collectors are trying to get around that restriction, and the result is a cycle of debt that leads people to prison for being unable to pay debts. And of… Read More »

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Can A Bankruptcy Attorney Represent Both A Filing And Non-filing Spouse?

By Kelley, Fulton & Kaplan |

In a typical bankruptcy case, there are few, if any, hearings. Sometimes, a bankruptcy trustee may want what is known as a 2004 examination. A 2004 examination is much like a deposition, where a trustee will sit down and take an extended statement from a bankruptcy debtor to ask detailed questions about the debtor’s… Read More »

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Eleventh Circuit Allows Bankruptcy Slavery Case To Go Forward

By Kelley, Fulton & Kaplan |

It almost sounds like a riddle. What do Chapter 11 bankruptcy and the thirteenth amendment to the constitution, which abolished slavery, have to do with one another? According to the 11th federal circuit (which includes Florida), that question may actually have an answer soon. The 13th Amendment and Chapter 11 Bankruptcy To understand the… Read More »

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Hurricanes And Bankruptcy Considerations

By Kelley, Fulton & Kaplan |

Bankruptcy interacts with a lot of different things in life. We’ve previously written about divorces, taxes, or inheritances, and how bankruptcy affects those. But what about hurricanes? What considerations should people in bankruptcy or who are thinking about filing for bankruptcy have for hurricanes? Chapter 11 Debtors in Possession If you are filing for… Read More »

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KELLEY, FULTON & KAPLAN, P.L. in WPB seeks a Foreclosure Legal Assistant

By Kelley, Fulton & Kaplan |

Foreclosure and Litigation Legal Assistant with 4 to 6 years of law firm experience is sought for a top-rated West Palm Beach firm to join its team.  Experience should include foreclosure and commercial litigation processes and procedures.  Additional experience in bankruptcy and corporate law will also be helpful.  Knowledge of the court’s e-filing system… Read More »

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What Is A Proof of Claim? Do You Need to Worry About It?

By Kelley, Fulton & Kaplan |

In many Chapter 7 bankruptcy cases, the debtor will have little or no income, and so although there are creditors, those creditors will do little or nothing, as there is no repayment expected. But in cases where there are assets in a Chapter 7, or in a Chapter 13, where repayments are made by… Read More »

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