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Monthly Archives: July 2021

Bankruptcy,Law,Concept.,Insolvency,Law.,Company,Has,Problems

Can Criminal Fines Be Discharged In Bankruptcy?

By Kelley Fulton Kaplan & Eller |

Almost any debt can be discharged in bankruptcy. But one very important category of debt that cannot be discharged is criminal restitution, or fines or penalties related to criminal activity. Don’t worry though–bankruptcy can still help you pay those fines in other ways. What is a Criminal Fine? You may be aware that if… Read More »

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Will You Lose Your Cellphone In Bankruptcy?

By Kelley Fulton Kaplan & Eller |

There are some things that bankruptcy filers absolutely cannot afford to lose in the bankruptcy. One of those things is their cellphones. The good news is that it is highly unlikely that you will lose your cellphone if you file for bankruptcy. You do have to list your cellphone as an asset on your… Read More »

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Can You Discharge Attorneys’ Fees In A Bankruptcy?

By Kelley Fulton Kaplan & Eller |

If you have been in a lawsuit, you may have unpaid attorneys’ fees. Those fees may be your own—money you owed to your own attorney—or, they could be fees for the other side, that you were ordered to pay by the court. This often happens in family law cases, in contract litigation, or in… Read More »

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What Happens If You Forget To List A Debt In A Chapter 7 Bankruptcy?

By Kelley Fulton Kaplan & Eller |

When you file for bankruptcy, you are supposed to list every creditor — that is, everybody that you owe money to. Part of the reason to do this is so creditors know that you are filing for bankruptcy and that they have the right to assert any claims in the bankruptcy court. It is… Read More »

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Do Immigrants Get Bankruptcy Homestead Protections?

By Kelley Fulton Kaplan & Eller |

Florida has some of the most generous homestead protections in the country, allowing a debtor to exempt almost all of his or her homestead property. Usually, what is or what is not a homestead is a straightforward question. But sometimes, problems arise that make a bankruptcy court question whether property is or is not… Read More »

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How Long Can A Florida Judgment Be Enforced?

By Kelley Fulton Kaplan & Eller |

If you’ve been sued, there’s a good chance you may have lost, and a judgment could be entered against you. If a judgment is entered against you, how long is it good for? You could file bankruptcy and get rid of the judgment in most cases, but is it a better idea just to… Read More »

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Bankruptcy For People Who Are Self Employed

By Kelley Fulton Kaplan & Eller |

Determining income for people who get a regular paycheck is usually very easy. Pay stubs or bank statements clearly show what the debtor earned. But self-employed filers face some complexities, both in proving income, and protecting the value of their business. The Means Test and Income People filing for Chapter 7 bankruptcy have to… Read More »

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What Will Your Chapter 13 Payment Be?

By Kelley Fulton Kaplan & Eller |

As many people know, Chapter 13 bankruptcy requires that you make payments to your creditors. But how much will those payments be? Would you even be able to afford a Chapter 13 repayment plan? Every Case is Different Of course, the answer to this question starts with the caveat that every case is different…. Read More »

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How To Lower What You Owe On Some Secured Property In Chapter 13 Bankruptcy

By Kelley Fulton Kaplan & Eller |

Let’s say that you take a mortgage out on property. Time goes by, and the property doesn’t appreciate as fast as you thought it would. Or there is an economic downturn, and the property decreases in value. Now, you owe more to the bank than the property is worth. The property is “upside down.”… Read More »

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Will I Lose My Pets In Bankruptcy?

By Kelley Fulton Kaplan & Eller |

When it comes to things that people worry about losing in bankruptcy, things like appliances, clothes, jewelry, cars, homes, or businesses are usually things that people have concern about. But nothing comes close to the concern that people have over their pets. In fact, bankruptcy clients almost always ask whether they will lose their… Read More »

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