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Monthly Archives: June 2025

IncurDebt

What is a Request to Incur Debt?

By Kelley Kaplan Delaney & Eller, PLLC |

If you are planning to file for Chapter 13 bankruptcy, or if you have already filed and are in the midst of a Chapter 13 repayment plan, it is essential to understand your rights and obligations when it comes to incurring additional debt. In short, once a bankruptcy court approves a Chapter 13 repayment… Read More »

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EIDL Loan

What a Personal Guarantee Means for Your Business’s EIDL Loan

By Kelley Kaplan Delaney & Eller, PLLC |

Businesses throughout Florida that received funding through the Economic Injury Disaster Loan (EIDL) program are now in the process of repaying those loans. With loan periods of 30 years, most businesses can expect to be repaying their EIDL loans for decades to come. Yet for businesses that are struggling financially, the prospect of repaying… Read More »

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How Bankruptcy Can Help with Your Suspended Driver’s License

By Kelley Kaplan Delaney & Eller, PLLC |

Every year, more than one million Florida residents are at risk of having their driver’s license suspended, and a large percentage of these suspensions are due to debt. Under Florida law, a resident can face a driver’s license suspension if a creditor receives a judgment against them for an unpaid debt. When a person’s… Read More »

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MedicalDebt6

Is Personal Bankruptcy a Solution for Health Care Debt?

By Kelley Kaplan Delaney & Eller, PLLC |

Did you know that 100 million Americans currently owe a collective $220 billion in medical debt, and many of those Americans are struggling with payments on that debt? That data comes from the Scheinman Institute at Cornell University, which also reports that about one-third of Americans — including a large portion of those currently… Read More »

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Managing Your EIDL Loan

By Kelley Kaplan Delaney & Eller, PLLC |

At the start of the COVID-19 pandemic in spring 2020 and until 2022, businesses throughout South Florida were struggling immensely with business costs as a result of “lockdowns,” stay-home orders, and clients and customers in general being hesitant about being out in public and exposing themselves to virus risks. Recognizing that smaller businesses were… Read More »

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BankruptcyFiling

Sovereign Immunity and the Bankruptcy Code

By Kelley Kaplan Delaney & Eller, PLLC |

What does sovereign immunity have to do with the US Bankruptcy Code and bankruptcy filings in South Florida? In most bankruptcy cases, the issue of sovereign immunity does not arise. In some instances, however, a sovereign immunity waiver in the Bankruptcy Code has bearing on the ability for a bankruptcy trustee to claw back… Read More »

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Bank13

Which Type of Bankruptcy Can I File to Stop a Foreclosure?

By Kelley Kaplan Delaney & Eller, PLLC |

Bankruptcy can stop a foreclosure on a debtor’s home. And when a debtor files for a form of reorganization bankruptcy, that debtor can stop the foreclosure proceeding from moving forward and can get caught up on mortgage payments so that they can remain in the property. In other words, if you are considering the… Read More »

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Risks of Filing for Bankruptcy Without a Lawyer

By Kelley Kaplan Delaney & Eller, PLLC |

When an individual debtor in South Florida decides to file for bankruptcy, they might look at the costs of filing, along with the common fees charged by attorneys, and decide it makes sense to save some money in order to file without legal assistance. However, it is important to know that there are many… Read More »

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Protecting Your Personal Assets in a Business Bankruptcy

By Kelley Kaplan Delaney & Eller, PLLC |

Is your business struggling and considering filing for bankruptcy? If so, you may be concerned about how a business bankruptcy can impact your personal finances, and what options may be available to you and other owners of your business to protect your personal assets. There is no single answer to this line of questions… Read More »

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