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Monthly Archives: November 2021

Bank17

Companies Use Division And Merger To Avoid Debts In Bankruptcy

By Kelley, Fulton & Kaplan |

In bankruptcy, there are few new or novel legal questions. However, drug manufacturer Johnson & Johnson is using a new bankruptcy tactic to try to restructure its company. Lawsuits Hit Johnson and Johnson Johnson and Johnson is an enormous, multi-billion dollar healthcare company. However, a series of personal injury lawsuits and verdicts entered against… Read More »

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Southern District Bankruptcy Court Has A New Student Loan Workout Plan

By Kelley, Fulton & Kaplan |

As many people know, student loans are not dischargeable in bankruptcy, absent very severe hardship. Although Congress always seems to be working on a solution to allow loans to be discharged, these proposals never seem to go anywhere. The good news is that locally, the Southern District of Florida has come up with its… Read More »

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Questions To Ask Your Bankruptcy Attorney

By Kelley, Fulton & Kaplan |

Hopefully, if you’ve decided to file for bankruptcy, you have made the decision to go with a qualified bankruptcy attorney. But now comes the hard part: Selecting the right one. When you go to meet your bankruptcy attorney, they will certainly explain the bankruptcy process to you, but what about you? What questions will… Read More »

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How Long Will My Chapter 13 Repayment Plan Be?

By Kelley, Fulton & Kaplan |

You have probably heard that a Chapter 13 bankruptcy repayment plan lasts between 3 and 5 years. But which is it, and how do you know which time period will apply to your case? The answer of course matters, because everyone would prefer to pay as little as possible for as short of a… Read More »

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What Are Legal And Equitable Titles, And How Do They Affect My Bankruptcy?

By Kelley, Fulton & Kaplan |

In the real world, we either own stuff or we don’t. But it’s not that simple in the bankruptcy world. In bankruptcy, there are actually two ways to own things: Equitable and legal. Legal Ownership – What is It? Legal ownership is ownership that can be readily identified and that the law recognizes. For… Read More »

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What Is Wage Garnishment And How Do I Stop It?

By Kelley, Fulton & Kaplan |

One reason that people may want to consider bankruptcy is to stop wage garnishment. But what is wage garnishment and how can one be avoided—with or without bankruptcy? How a Wage Garnishment is Put in Place A wage garnishment is an order put in by a creditor to take a portion of your wages… Read More »

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How Florida’s Family Laws Can Help Your Bankruptcy Case

By Kelley, Fulton & Kaplan |

When people get divorced in Florida, there is no presumption that property is owned equally by the spouses, and the court will not automatically split property 50/50 between the husband and the wife. Rather, Florida is an equitable distribution state. This means that the court will look at property acquired during the marriage, and… Read More »

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Withholding Or Altering Academic Transcripts Is A Violation Of The Automatic Stay

By Kelley, Fulton & Kaplan |

When you file for bankruptcy, an automatic stay immediately goes into effect. This means that all collections activities against you by any creditor—even those with non-dischargeable debts—must immediately stop, at least temporarily. This is a powerful advantage that a debtor has in bankruptcy. There are serious punishments for creditors that violate the automatic stay…. Read More »

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Buy Now Pay Later Loans – What Are They?

By Kelley, Fulton & Kaplan |

When you need credit, you probably think of the standard and routine lines of credit. Credit cards, debit cards, or loans for bigger purchases, are all standard. But a new hybrid of these kinds of lending outlets is becoming more and more popular – buy now pay later (BNPL) loans. What is a BNPL… Read More »

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What Is A Bankruptcy Audit?

By Kelley, Fulton & Kaplan |

When we think of an audit, we usually think of the IRS. But there’s another kind of audit: The bankruptcy audit. And just like with the IRS, you probably would prefer not to be the subject of an audit. When and How Are Audits Conducted? Bankruptcy audits are conducted by the US Trustee’s office…. Read More »

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