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Monthly Archives: February 2026

Bankrupt

Will Our Business Have to Liquidate Assets in a Chapter 11 Bankruptcy?

By Kelley Kaplan Delaney & Eller, PLLC |

One of the major concerns that business owners and individuals alike have when they are considering a bankruptcy filing is whether they will end up losing assets. In other words, will your assets have to be liquidated in order for you to obtain bankruptcy protections? With reorganization bankruptcies, the answer is no. While many… Read More »

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Health Savings Accounts and Consumer Bankruptcy in Florida

By Kelley Kaplan Delaney & Eller, PLLC |

Are you considering filing for consumer bankruptcy (also known as personal bankruptcy) in Florida but concerned about certain savings accounts you have been adding to over a long period of time being liquidated? More specifically, have you been contributing for many years to a health savings account (HSA) and are now concerned that those… Read More »

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What Factors Determine a Business’s Eligibility for Certain Types of Bankruptcy?

By Kelley Kaplan Delaney & Eller, PLLC |

When a business is considering a bankruptcy filing, it is essential to work with a business bankruptcy lawyer in South Florida who can assist the business owners in determining eligibility for particular types of bankruptcy. There are different factors that go into a business’s eligibility for particular types of bankruptcy, including the structure of… Read More »

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Business Responsibilities to Employees During Chapter 11 Bankruptcy

By Kelley Kaplan Delaney & Eller, PLLC |

Chapter 11 bankruptcy filings are becoming more and more common among businesses in South Florida, and data reported by the American Bankruptcy Institute (ABI) indicates that commercial Chapter 11 filings rose by 3 percent during 2025, while commercial filings in general rose by about 13 percent. If your business is currently considering Chapter 11… Read More »

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How Bankruptcy Changes When a Married Couple Files Jointly

By Kelley Kaplan Delaney & Eller, PLLC |

Are you currently considering filing for bankruptcy, and you and your spouse are planning to file together? Whether you are thinking about a Chapter 7 bankruptcy or Chapter 13 bankruptcy case in South Florida, you may be able to file a joint petition — known as filing jointly — with your spouse. If you… Read More »

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Secured Debt Versus Unsecured Debt in Reorganization Bankruptcies

By Kelley Kaplan Delaney & Eller, PLLC |

Is your business planning to file for reorganization bankruptcy under Chapter 11 or Subchapter V? Or are you planning to file for an individual reorganization bankruptcy under Chapter 13? If so, it is essential to understand how the nature of your debt might affect your bankruptcy case. More specifically, you will need to work… Read More »

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What is Discovery in a Bankruptcy Case?

By Kelley Kaplan Delaney & Eller, PLLC |

In many different types of legal proceedings, there is a part of the process known as “discovery.” This is a legal term that refers to the process through which both sides exchange information, including information about evidence they plan to use and witnesses they plan to present. Discovery often involves depositions, which are formal… Read More »

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Can I File for Personal Bankruptcy If I Am a High Earner?

By Kelley Kaplan Delaney & Eller, PLLC |

Are you in a situation where you are struggling to repay the debt you owe, yet you are a relatively high earner? Many people who earn relatively high, or even significantly high, salaries struggle with debt. Indeed, according to a recent CNBC report, high earners “often feel stuck financially due to rising costs, debt,… Read More »

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What is Post-Petition Interest?

By Kelley Kaplan Delaney & Eller, PLLC |

When a debtor files for bankruptcy, the automatic stay — a type of injunction — prevents creditors and debt collectors from continuing to take collection actions or initiating new collection actions for debt. Yet the automatic stay will not freeze your debt or prevent interest from accruing on your debt during a bankruptcy case…. Read More »

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When Does the Automatic Stay Take Effect?

By Kelley Kaplan Delaney & Eller, PLLC |

For many debtors who file for bankruptcy, one of the initial and significant benefits of a bankruptcy filing is the automatic stay. The automatic stay is an injunction that stops creditor and debt collection actions against the debtor who has filed for bankruptcy. Many debtors are relieved to have the protections of the automatic… Read More »

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