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Monthly Archives: September 2025

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Are Insurance Policies Considered Assets in a Bankruptcy Case?

By Kelley Kaplan & Eller |

Filing for personal bankruptcy in South Florida means that you will need to identify all of your assets and debts for the bankruptcy court. Regardless of whether you are filing for a liquidation bankruptcy under Chapter 7 or a reorganization bankruptcy under Chapter 13, the bankruptcy court will need to receive various forms from… Read More »

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Are Federal Bankruptcy Exemptions Relevant to My Case?

By Kelley Kaplan & Eller |

If you are considering a personal bankruptcy filing in South Florida, and especially if you are planning to file for Chapter 7 bankruptcy, you may already know a little bit about exemptions. Exemptions serve different purposes in Chapter 13 and Chapter 7 cases. In Chapter 7 bankruptcies, exemptions allow the debtor to classify certain… Read More »

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Exemption of Pensions in Florida Bankruptcies

By Kelley Kaplan & Eller |

Anyone who is considering a personal bankruptcy filing in South Florida may be concerned about their retirement accounts or pensions. This is particularly true for adults who have been working for many years or decades and are now making the decision to file for bankruptcy. Whether you are considering a Chapter 7 bankruptcy and… Read More »

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Certain Types of Savings Accounts Are Exempt in Bankruptcy

By Kelley Kaplan & Eller |

Planning ahead with particular kinds of savings accounts can allow Florida residents to be prepared for major financial expenditures in the future. For example, health savings accounts (HSAs) can allow Floridians to be prepared in the event of a medical emergency, while educational savings accounts can allow parents in Florida to ensure that they… Read More »

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Pros and Cons of Filing Bankruptcy Jointly with Your Spouse

By Kelley Kaplan & Eller |

While personal bankruptcy often involves an individual person filing for a Chapter 7 or Chapter 13 bankruptcy, bankruptcy cases can also be filed jointly by spouses. Indeed, a married couple can decide to both file for bankruptcy, in which case they would file a joint bankruptcy petition. There are pros and cons associated with… Read More »

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Surge in Florida Bankruptcy Filings

By Kelley Kaplan & Eller |

Debt is rising for individuals and businesses across the country, and many states have seen a substantial increase in both personal and business bankruptcy filings. According to a recent report in Newsweek, “personal and business bankruptcy filings surged 11.5 percent over the 12 months ending June 30,” totaling nearly 543,000 bankruptcies compared with about… Read More »

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How Can Trusts Protect Assets in a Bankruptcy Case?

By Kelley Kaplan & Eller |

Trusts are legal tools that are commonly used in estate planning, but they also have relevance to bankruptcy cases in South Florida. Depending on the timing of when a trust is established, or the type of trust created, a trust may be able to protect assets in a bankruptcy case. Our West Palm Beach… Read More »

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Are Public Benefits Exempt in Bankruptcy Cases?

By Kelley Kaplan & Eller |

If you are considering a personal bankruptcy filing, and Chapter 7 bankruptcy in particular, you are likely seeking out information about bankruptcy exemptions in Florida. In an individual Chapter 7 bankruptcy case (including bankruptcies filed jointly by married couples), it will be critical to determine which Florida exemptions you are eligible to claim. In… Read More »

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How Do Alimony and Child Support Exemptions Work?

By Kelley Kaplan & Eller |

Do you currently receive alimony from an ex-spouse, or child support payments from a former partner with whom you share a child? If so, and if you are planning to file for personal bankruptcy, it will be critical to discuss exemptions for family support with your West Palm Beach bankruptcy lawyer. In short, these… Read More »

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What Happens to Personal Injury Damages in a Florida Bankruptcy?

By Kelley Kaplan & Eller |

Were you injured in a serious accident for which you sought compensation through a lawsuit? If so, you may have won a personal injury damages award or accepted a settlement from the at-fault party. If you decide to file for bankruptcy, what will happen to those personal injury damages? Whether or not you can… Read More »

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