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Author Archives: Jay Butchko

NonCompeteWoman

New FTC Rule on Non-Compete Agreements

By Kelley Kaplan & Eller |

Business owners in South Florida and throughout the country should be aware of a final rule issued by the Federal Trade Commission (FTC) concerning noncompete agreements. In short, an FTC press release indicated that the final rule is designed “to promote competition by banning noncompetes nationwide, protecting the fundamental freedom of workers to change… Read More »

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Bankr15

Gen X and Millennial Bankruptcy Filings

By Kelley Kaplan & Eller |

Are Americans in certain generations more likely to file for bankruptcy than people of other ages? A report in Newsweek suggests that bankruptcy filings are particularly high among two generations: Generation X (GenX), whose birth years run from 1965 to 1980, and Millennials, whose birth years span from 1981 to 1996. The data indicates… Read More »

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StudentLoanBankruptcy

Students Loans in a Liquidation Versus Reorganization Bankruptcy

By Kelley Kaplan & Eller |

If you owe a significant amount of money in student loans and have been struggling to repay what you owe, you might be thinking about bankruptcy. It is critical to know that the process for seeking a discharge of student loans in bankruptcy changed recently, making it markedly easier for individual debtors to have… Read More »

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NonCompete4

Lawsuits Challenge New FTC Non-Compete Rule: What Should Businesses Know?

By Kelley Kaplan & Eller |

As many business owners in South Florida now know, the Federal Trade Commission (FTC) recently announced a final rule to ban non-compete agreements. According to the FTC’s press release about the issuance of the final rule, the new rule is intended “to promote competition by banning non-competes nationwide, protecting the fundamental freedom of workers… Read More »

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BankruptcyQuest

What is a No-Asset Bankruptcy?

By Kelley Kaplan & Eller |

If you are considering the possibility of filing for Chapter 7 bankruptcy in South Florida, you likely know that Chapter 7 bankruptcy is a form of liquidation bankruptcy. Accordingly, if you do file for Chapter 7 as an individual (or as a married couple), all of your non-exempt assets will be liquidated so that… Read More »

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Bankr31

High-Income Individuals and Consumer Bankruptcy

By Kelley Kaplan & Eller |

Many people assume that consumer bankruptcy is only a step that a person or married couple will take when they have low wages and limited assets, or after they lose their job and do not expect to be able to make regular payments to creditors and debt piles up. Yet there are many circumstances… Read More »

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BankCouple

Bankruptcy Versus Foreclosure in Florida

By Kelley Kaplan & Eller |

For any individual who is struggling financially, including with a home mortgage, they might be looking at options of filing for bankruptcy or facing the fact that a foreclosure of their home could soon be imminent. It is extremely important to know that filing for consumer bankruptcy can prevent a foreclosure, but more importantly,… Read More »

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BankAtty

Chapter 7 Bankruptcy Eligibility: Businesses Versus Individuals

By Kelley Kaplan & Eller |

There are many different types of bankruptcy. Certain types of reorganization bankruptcy are designed solely for businesses, and can be filed only by businesses in some cases. For example, Chapter 12 bankruptcy is solely for specific types of businesses (businesses of family farmers and fishermen). At the same time, certain types of reorganization bankruptcy… Read More »

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Bankr9

Upcoming Change to Affect Subchapter V Eligibility

By Kelley Kaplan & Eller |

If you have been considering a Subchapter V bankruptcy filing for your business, it is critical to speak with a West Palm Beach bankruptcy lawyer as soon as possible about your eligibility in advance of an upcoming change to the Subchapter V debt ceiling. In short, if your eligibility is likely to be affected… Read More »

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Bankr24

Exemptions to the Means Test

By Kelley Kaplan & Eller |

Any individual (or married couple, in a joint filing) who wants to file for Chapter 7 bankruptcy will typically need to plan to take and pass the “means test.” The idea is that, in order to be eligible for a liquidation bankruptcy, you will need to show that you have sufficiently limited income and… Read More »

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