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Monthly Archives: October 2025

BankrLaw

How a Chapter 11 Bankruptcy Can Create Financial Stability for Your Business

By Kelley Kaplan & Eller |

When a business in South Florida is struggling financially, the owners might shirk at initial discussions of bankruptcy because they have misconceptions about what a business bankruptcy entails. Indeed, many business owners assume that when a business files for bankruptcy, it must close its doors and liquidate any existing or remaining business assets. Yet… Read More »

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Bankr19

What Happens to “Exceptions to Discharge” in Bankruptcy?

By Kelley Kaplan & Eller |

Are you thinking about filing for personal bankruptcy? Whether you are planning to file under Chapter 7 or Chapter 13, it is critical to understand how the “exceptions to discharge” in the US Bankruptcy Code could affect your bankruptcy case. The statutory exceptions to discharge are particularly important to consider in Chapter 7 cases… Read More »

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BankruptcyFraud

Adjustments to Bankruptcy Debt Thresholds

By Kelley Kaplan & Eller |

Many individual debtors in South Florida are considering a Chapter 13 bankruptcy filing. This is a popular and common type of bankruptcy for individuals because it does not require that the debtor have limited assets or resources (as a Chapter 7 filing does), and it does not require debtors to have all non-exempt assets… Read More »

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FlagMoney

How Does the HAVEN Act Apply to Bankruptcy Cases?

By Kelley Kaplan & Eller |

If you are a veteran of the US armed forces and you are struggling with debt, it is critical to learn more about the HAVEN Act and how it might apply to your bankruptcy case if you are considering filing. In short, the Honoring American Veterans in Extreme Need Act of 2019 (HAVEN Act)… Read More »

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Rental

How Can I Protect My Rental Property If I File for Bankruptcy?

By Kelley Kaplan & Eller |

Are you currently considering a bankruptcy filing but concerned about how your current rental property will be treated in your bankruptcy case? There is no single way to explain how rental property is treated in bankruptcy cases because it will depend on the type of bankruptcy, including whether you are filing as an individual… Read More »

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BusinessReceipts

Ways Bankruptcy Can Protect Small Businesses in South Florida

By Kelley Kaplan & Eller |

Many business owners avoid the topic of bankruptcy when their business is struggling because they fear that a bankruptcy filing will mean the end of the business. This is a common misconception, however, and it is only applicable to business liquidation bankruptcies. Reorganization bankruptcies, much differently, are able to protect small businesses and their… Read More »

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Dollars

Bankruptcy Dollar Amount Adjustments in Effect

By Kelley Kaplan & Eller |

On April 1, 2025, new adjusted bankruptcy dollar amounts went into effect and will remain in effect until March 31, 2028. Every three years, there is an automatic adjustment to certain dollar amounts. That automatic adjustment every three years occurs under Section 104 of the US Bankruptcy Code. Any bankruptcy filing that has occurred… Read More »

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BuyingHouse

How to Buy a Home After Filing for Bankruptcy

By Kelley Kaplan & Eller |

You might have heard the common myth that it is impossible, or nearly impossible, to buy a home and to obtain a mortgage after you have filed for bankruptcy. This is a myth, and many Florida residents successfully obtain mortgages and buy homes after bankruptcy cases. For many of those Floridians, the wait times… Read More »

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Serious

Will My Small Business Bankruptcy Affect Personal Assets?

By Kelley Kaplan & Eller |

When a business is considering bankruptcy, the business owner or owners often want to find out more about how the business bankruptcy will affect their personal assets. Indeed, many business owners are concerned that they will be personally liable for business debts, or that a business bankruptcy will have an impact on their personal… Read More »

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_Chapter11

Reasons Your Business Should Consider Chapter 11 Bankruptcy

By Kelley Kaplan & Eller |

Chapter 11 bankruptcy is among the most common types of bankruptcy for businesses in South Florida. It is a type of reorganization bankruptcy, which means that your business will go through a process of filing the bankruptcy petition, proposing a debt reorganization plan, having that plan approved by the court, making regular payments on… Read More »

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