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Author Archives: Jay Butchko

DebtCollectionCall

Can A Creditor Violate The Automatic Stay?

By Kelley Fulton Kaplan & Eller |

After you have filed for bankruptcy, the automatic stay attaches according to the U.S. Bankruptcy Code. What is the automatic stay? The automatic stay is an injunction that stops creditors and debt collectors from moving forward with any actions in order to collect the debt you owe. The injunction can stop many different forms… Read More »

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Debt Settlement Versus Bankruptcy: Pros And Cons

By Kelley Fulton Kaplan & Eller |

When you are struggling with debt and you are exploring your options, you may be considering personal bankruptcy or debt settlement. Both bankruptcy and debt settlement are ways of reducing, eradicating, or managing debt. Yet there are pros and cons to each, and it is important to understand the benefits and limitations before you… Read More »

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Do I Need To Consider An Asset Protection Strategy If I File For Bankruptcy?

By Kelley Fulton Kaplan & Eller |

Filing for bankruptcy is an extremely complicated process, and you should seek assistance from a bankruptcy attorney from the start. When you are planning to file for bankruptcy, your bankruptcy lawyer can provide you with detailed information about how the bankruptcy process works, and how your current assets will be handled (depending upon the… Read More »

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What To Expect In A Chapter 11 Bankruptcy For Businesses

By Kelley Fulton Kaplan & Eller |

Chapter 11 bankruptcy is a type of reorganization bankruptcy, and it is commonly used by businesses. If your business is considering filing for Chapter 11 bankruptcy in order to reorganize debts while keeping your business open, you are likely wondering what to expect in the bankruptcy process. Chapter 11 bankruptcy cases are complicated, and… Read More »

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What Is A Single Asset Real Estate Debtor In Chapter 11 Bankruptcy?

By Kelley Fulton Kaplan & Eller |

Within the broad categories of Chapter 11 bankruptcy filers, there are certain filers who are subject to specific requirements under the U.S. Bankruptcy Code, or can be eligible for certain forms of relief that are not available to other types of debtors. One of those types of filers is known as a “single asset… Read More »

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Keeping Your Business Open With Chapter 11 Bankruptcy

By Kelley Fulton Kaplan & Eller |

If your business is struggling due to recent economic circumstances, or as a result of circumstances that could change in the future, bankruptcy could be a way for you to catch up on business debts with creditors while remaining open and operational. Many business owners assume that filing for bankruptcy means that you will… Read More »

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BankruptcyQuest

Hardship Discharges In Chapter 13 Bankruptcy Cases

By Kelley Fulton Kaplan & Eller |

When a debtor in South Florida files for Chapter 13 bankruptcy, that debtor enters into a repayment plan agreement that usually lasts for a period of between three and five years. During that lengthy period, the debtor will make monthly payments that go toward repaying debt to creditors based on the value of non-exempt… Read More »

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How To Keep Your Car In A Bankruptcy Case

By Kelley Fulton Kaplan & Eller |

Anyone who is considering personal bankruptcy in West Palm Beach is likely thinking about practical assets that they will need, such as their automobile, and wondering if it is possible to keep your car in a bankruptcy case. Whether or not you will be able to keep your motor vehicle will depend upon a… Read More »

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What You Should Know About Medical Debt In Your Bankruptcy Case

By Kelley Fulton Kaplan & Eller |

Medical debt is a significant problem in Florida and across the country, and it can affect consumers of all ages. When you are struggling with medical debt, you may be thinking about filing for personal bankruptcy. Whenever you are considering bankruptcy, it is important to seek advice from a bankruptcy lawyer in West Palm… Read More »

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Filing For Bankruptcy The Second Time: What You Should Know

By Kelley Fulton Kaplan & Eller |

For various reasons and under different circumstances, a person or a small business may need to file for bankruptcy a second time. The need to file for bankruptcy a second time might occur in an individual’s life due to unexpected medical expenses, for example, or an unexpected loss of a job. When sole proprietorships… Read More »

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