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Monthly Archives: December 2022

Bank17

Bankruptcy And Debts Incurred Through Fraud

By Kelley Fulton Kaplan & Eller |

Can debtors in South Florida have debts discharged if those debts were incurred through the fraud of the debtor’s spouse? In other words, can an innocent debtor discharge the fraudulent debts of a spouse in a bankruptcy case? The answer to this question might seem like an obvious one — you might be assuming… Read More »

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How Inflation Affects Bankruptcy Cases

By Kelley Fulton Kaplan & Eller |

South Florida residents and Americans across the country are grappling with the effects of inflation. Indeed, according to a recent report from CNBC, in September 2022, prices rose by about 0.4 percent, which means that total prices had increased by about 8.2 percent from this same time last year. In addition, worker wages have… Read More »

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Bankruptcy And The Holidays: What To Consider

By Kelley Fulton Kaplan & Eller |

As the holiday season approaches, if you are considering the possibility of filing for personal bankruptcy, it is critical to keep certain considerations in mind as you buy gifts for others and make plans for holiday travel. Nobody wants to file for bankruptcy during or after the holiday season, and it can be a… Read More »

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Do I Need Credit Counseling For Bankruptcy?

By Kelley Fulton Kaplan & Eller |

Anyone who is planning to file for bankruptcy may have heard about credit counseling requirements, or certain educational course requirements for bankruptcy. You may be wondering if these kinds of requirements will apply to your case, and you might also be concerned that taking one or more of these types of courses will prove… Read More »

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What Is Bankruptcy Fraud?

By Kelley Fulton Kaplan & Eller |

If you are planning to file for bankruptcy, you might have encountered information about bankruptcy fraud, or risks of being accused of bankruptcy fraud or having your case dismissed as a result of bankruptcy fraud allegations. Yet it can be difficult to understand precisely what constitutes bankruptcy fraud, and whether a mistake could lead… Read More »

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What Are Setoff And Recoupment In Bankruptcy?

By Kelley Fulton Kaplan & Eller |

In Chapter 11 bankruptcies in South Florida, the topics of setoff and recoupment may arise in a business’s bankruptcy case. These terms are important in the bankruptcy context and in business bankruptcy cases under Chapter 11 because they can affect how accounts are settled between creditors and debtors who have filed for bankruptcy. While… Read More »

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When Is Credit Card Debt Non-Dischargeable In A Bankruptcy?

By Kelley Fulton Kaplan & Eller |

Anyone who is filing for bankruptcy in South Florida likely wants to ensure that they have debts that will be eligible for discharge at the end of their bankruptcy case. While debtors that file for Chapter 11 and Chapter 13 bankruptcy may be more focused on the benefits of debt reorganization provided by bankruptcy… Read More »

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Consumer Bankruptcy Reform Act Of 2022: What To Know

By Kelley Fulton Kaplan & Eller |

Back in 2020, Senator Elizabeth Warren and Representative Jerrold Nadler proposed a consumer bankruptcy bill that would have resulted in a major overhaul of the consumer bankruptcy system. According to an article in Bloomberg, that bill did not “gain traction,” yet the lawmakers are seeking to garner support for a new version of that… Read More »

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Can I Inherit Property During My Chapter 7 Bankruptcy Case?

By Kelley Fulton Kaplan & Eller |

If you are planning to file for Chapter 7 bankruptcy as an individual (as opposed to a business), or if you are already in the midst of a Chapter 7 bankruptcy case, you may have learned recently that you will soon inherit property or assets from a loved one. Given that Chapter 7 bankruptcy… Read More »

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