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Author Archives: Jay Butchko

DebtColl4

Most Threats By Debt Collectors Are Empty

By Kelley, Fulton & Kaplan |

Debt collectors make their living off of making threats. Threats provide the fear needed to force you to pay debts, and often, to pay debts you may not even owe. For the most part, debt collectors don’t really care how truthful their threats are. Their only goal is to scare you into paying. What… Read More »

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Bankr29

Is Bankruptcy Unethical? No, And Here’s Why

By Kelley, Fulton & Kaplan |

Many people who are far in debt and struggling with finances simply refuse to consider bankruptcy. Not because they can’t file, or because they don’t qualify for bankruptcy. Instead, they don’t want to file because they consider bankruptcy to be immoral, or unethical. Certainly, your personal morals and ethics are yours, and everybody is… Read More »

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Can You Dismiss Your Bankruptcy Case?

By Kelley, Fulton & Kaplan |

In almost every kind of civil case, if you file a lawsuit, you can change your mind, and dismiss the case at any point, often with little or no consequences. After all, you voluntarily choose to start the case, so you certainly have the option of ending it prematurely, if that’s what you want… Read More »

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Companies Use Division And Merger To Avoid Debts In Bankruptcy

By Kelley, Fulton & Kaplan |

In bankruptcy, there are few new or novel legal questions. However, drug manufacturer Johnson & Johnson is using a new bankruptcy tactic to try to restructure its company. Lawsuits Hit Johnson and Johnson Johnson and Johnson is an enormous, multi-billion dollar healthcare company. However, a series of personal injury lawsuits and verdicts entered against… Read More »

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Southern District Bankruptcy Court Has A New Student Loan Workout Plan

By Kelley, Fulton & Kaplan |

As many people know, student loans are not dischargeable in bankruptcy, absent very severe hardship. Although Congress always seems to be working on a solution to allow loans to be discharged, these proposals never seem to go anywhere. The good news is that locally, the Southern District of Florida has come up with its… Read More »

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BankruptcyQuestions

Questions To Ask Your Bankruptcy Attorney

By Kelley, Fulton & Kaplan |

Hopefully, if you’ve decided to file for bankruptcy, you have made the decision to go with a qualified bankruptcy attorney. But now comes the hard part: Selecting the right one. When you go to meet your bankruptcy attorney, they will certainly explain the bankruptcy process to you, but what about you? What questions will… Read More »

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How Long Will My Chapter 13 Repayment Plan Be?

By Kelley, Fulton & Kaplan |

You have probably heard that a Chapter 13 bankruptcy repayment plan lasts between 3 and 5 years. But which is it, and how do you know which time period will apply to your case? The answer of course matters, because everyone would prefer to pay as little as possible for as short of a… Read More »

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What Are Legal And Equitable Titles, And How Do They Affect My Bankruptcy?

By Kelley, Fulton & Kaplan |

In the real world, we either own stuff or we don’t. But it’s not that simple in the bankruptcy world. In bankruptcy, there are actually two ways to own things: Equitable and legal. Legal Ownership – What is It? Legal ownership is ownership that can be readily identified and that the law recognizes. For… Read More »

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What Is Wage Garnishment And How Do I Stop It?

By Kelley, Fulton & Kaplan |

One reason that people may want to consider bankruptcy is to stop wage garnishment. But what is wage garnishment and how can one be avoided—with or without bankruptcy? How a Wage Garnishment is Put in Place A wage garnishment is an order put in by a creditor to take a portion of your wages… Read More »

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How Florida’s Family Laws Can Help Your Bankruptcy Case

By Kelley, Fulton & Kaplan |

When people get divorced in Florida, there is no presumption that property is owned equally by the spouses, and the court will not automatically split property 50/50 between the husband and the wife. Rather, Florida is an equitable distribution state. This means that the court will look at property acquired during the marriage, and… Read More »

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