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Monthly Archives: October 2021

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How Do Collections Lawsuits And Bankruptcy Affect Each Other?

By Kelley Fulton Kaplan & Eller |

Being sued on a debt is a major motivating factor that leads people to file for bankruptcy. Lawsuits can be scary, and for many people, bankruptcy’s ability to stop a collections lawsuit in its tracks is very appealing, as it should be. But how do bankruptcy and creditor lawsuits interact? What happens when you… Read More »

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Why A Car Lien Can Help You In Bankruptcy

By Kelley Fulton Kaplan & Eller |

Rare is the case when you should be excited about having a lien on your property. But bankruptcy could be one of those cases. In fact, a lien on your car could be an advantage to you should you file for bankruptcy, no matter which chapter of bankruptcy you should choose. What is a… Read More »

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COVID Relief Bill Had Some Important Business Bankruptcy Changes

By Kelley Fulton Kaplan & Eller |

Do you remember the COVID-19 relief bill that provided relief payments to Americans? Well that bill actually had a lot of amendments that were relevant to bankruptcy laws, and altered many longstanding bankruptcy laws. Many of the laws that were changed relate to Chapter 11 bankruptcies, and business bankruptcies, but others may find some… Read More »

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Can I Really Keep Property In My Chapter 13 Bankruptcy?

By Kelley Fulton Kaplan & Eller |

You will often hear that one of the big benefits of a Chapter 13 bankruptcy is that you get to keep property that you would otherwise have to surrender in a Chapter 7 bankruptcy. But how is this possible? Why and how does a debtor get to keep property in a Chapter 13 bankruptcy?… Read More »

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Can Debt Collectors Tell Other People What I Owe?

By Kelley Fulton Kaplan & Eller |

Money, finances and debt are private and personal. A good analogy would be medical information. Most people know that our medical information is protected, and that professionals in the medical field have an obligation to safeguard our privacy. The same holds true with debt, and with debt collectors. Disclosure as Leverage It has long… Read More »

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How Fraud Makes Debt Non Dischargeable In Bankruptcy

By Kelley Fulton Kaplan & Eller |

Bankruptcy is intended to give people a fresh start. That’s why so many categories of debt are dischargeable, and so many are non dischargeable. In most cases, categories of debts that cannot be discharged are clear and precisely written. For example, things like student loans, child support or criminal fines are right there in… Read More »

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How Long Do Negative Items Stay On Your Credit Report

By Kelley Fulton Kaplan & Eller |

If you are having financial problems, you probably are also having problems with a lowered or damaged credit score. One thing many people ask is how long these negative items stay on your credit. Maybe you can just wait to file bankruptcy until these negative items disappear? You certainly could—but that may not be… Read More »

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Should You Use A Bankruptcy Preparer?

By Kelley Fulton Kaplan & Eller |

You’re considering a bankruptcy, and are looking for bankruptcy attorneys. But then you see an advertisement, or hear from a friend, about something called a bankruptcy preparer. It seems cheap—much cheaper than a lawyer. Why not save money and use a bankruptcy preparer? What is a Bankruptcy Preparer? Bankruptcy preparers often are not attorneys…. Read More »

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Assignment For The Benefit Of Creditors: Better Than A Bankruptcy?

By Kelley Fulton Kaplan & Eller |

If you are a business that is considering filing for Chapter 11 bankruptcy, you may have the option of what is known as an assignment for the benefit of creditors (ABC). Although an ABC does not have the advantages of a bankruptcy, it’s still something to know about if you are a business that… Read More »

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How To Get Around The Chapter 13 Debt Limits

By Kelley Fulton Kaplan & Eller |

Chapter 13 bankruptcy has a lot of benefits and advantages over a Chapter 7. Among other benefits, it can allow you to keep non-exempt property that may otherwise be lost in a Chapter 7 bankruptcy. It also may provide a smaller ding to your credit than Chapter 7. Debt Limits With Chapter 13 However… Read More »

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