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Monthly Archives: April 2025

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Can I File for Bankruptcy with My Spouse if I Filed Individually in the Past?

By Kelley Kaplan Delaney & Eller, PLLC |

Are you and your spouse currently considering a joint bankruptcy filing in Florida, either under Chapter 7 or Chapter 13? If so, you will need to determine your eligibility to file for bankruptcy, including passing the means test if you want to file for Chapter 7. Yet if either you or your spouse previously… Read More »

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Should You Try to Pay Off Your Debt or File for Bankruptcy?

By Kelley Kaplan Delaney & Eller, PLLC |

Are you currently struggling with debt and trying to figure out how you might be able to get back on track financially? If so, you may be looking at a wide range of options for debt relief, including the possibility of debt consolidation, debt settlement, bankruptcy, or simply trying to find the money to… Read More »

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Starting a New Small Business After a Bankruptcy Filing

By Kelley Kaplan Delaney & Eller, PLLC |

Whether you are considering a bankruptcy filing or you have recently filed for bankruptcy, you may be wondering about your options for starting a new business after filing for personal bankruptcy. Often, sole proprietors who also consider themselves entrepreneurs will test out a new business idea, and it may or may not earn the… Read More »

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Do I Need to Go to Credit Counseling?

By Kelley Kaplan Delaney & Eller, PLLC |

If you are planning to file for bankruptcy under any chapter, you may be wondering if you will need to go to credit counseling prior to filing your bankruptcy petition or at any other point in the bankruptcy process. In short, all filers in personal bankruptcy cases — but not in business bankruptcy cases… Read More »

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Voluntary Versus Involuntary Chapter 11 Bankruptcy Petitions

By Kelley Kaplan Delaney & Eller, PLLC |

When a business or an individual files for Chapter 11 bankruptcy, the case is usually what is known as a voluntary bankruptcy. However, in some situations, a business or an individual can be subject to an involuntary bankruptcy (and in most cases, involuntary bankruptcies impact businesses rather than individuals). What are the differences between… Read More »

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BankruptcyQuestions

Are Savings Accounts Exempt in Bankruptcy Cases?

By Kelley Kaplan Delaney & Eller, PLLC |

Anyone who is considering a personal bankruptcy in South Florida should be aware of exemptions available under the Florida Statutes, and how the varied exemptions may be relevant to their bankruptcy filing. Exemptions are relevant to both Chapter 7 and Chapter 13 filers of consumer bankruptcy cases in West Palm Beach and throughout the… Read More »

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Higher Prices and Consumer Bankruptcy

By Kelley Kaplan Delaney & Eller, PLLC |

In South Florida, many consumers have started to worry about the possibility of grocery prices rising significantly over the coming weeks. News media outlets, as well as notable economists, have suggested that the tariffs ultimately are likely to result in a rise in consumer prices as businesses pass on added costs to consumers. If… Read More »

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BankrLaw

What Happens to Non-Exempt Property in Chapter 13 Bankruptcy?

By Kelley Kaplan Delaney & Eller, PLLC |

If you have had any family members or friends who filed for bankruptcy, you may only know about Chapter 7 bankruptcy, which is a type of liquidation bankruptcy. In a liquidation bankruptcy, the debtor can claim a range of assets as “exempt” under the Florida Statutes, which means those exempt assets will not be… Read More »

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How Does a Reorganization Plan Work in Chapter 11 Bankruptcy?

By Kelley Kaplan Delaney & Eller, PLLC |

Chapter 11 bankruptcy is a type of reorganization bankruptcy that is commonly used by businesses, although it is occasionally filed by individuals, too. As a type of reorganization bankruptcy, Chapter 11 bankruptcy does not involve asset liquidation but instead involves a reorganization plan through which the debtor repays creditors over a period of time…. Read More »

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Bankr24

Can Bankruptcy Unfreeze My Checking Account?

By Kelley Kaplan Delaney & Eller, PLLC |

Has your Florida bank account been frozen as a result of a creditor obtaining a judgment against you for a debt you owe? If you are considering the possibility of bankruptcy, you should know that your filing is likely to result in your account being unfrozen and any existing garnishment orders being halted due… Read More »

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