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Author Archives: Jay Butchko

StudentLoanDebtMoney

Student Loan Debt and Bankruptcy in 2024

By Kelley Kaplan & Eller |

It is a new year, and many borrowers in South Florida are struggling with student loan debt. For quite some time, there has been a common misconception circulating that student loans cannot be discharged in a consumer or personal bankruptcy case. This myth arose because of the complexity in having student loans discharged in… Read More »

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CreditR

Best Interests of Creditors in Chapter 11 Bankruptcy: What Does It Mean?

By Kelley Kaplan & Eller |

Chapter 11 bankruptcy is a type of reorganization bankruptcy that is typically filed by businesses, but in some cases, an individual will also file for personal bankruptcy under Chapter 11. In general, Chapter 11 bankruptcy is similar to Chapter 13 bankruptcy, but it has more requirements and complications. Since businesses are not eligible for… Read More »

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Bankr14

Steps to Take Before You File for Personal Bankruptcy

By Kelley Kaplan & Eller |

Planning to file for personal bankruptcy can be a relief when you are struggling with substantial debts, but it can also be a stressful time as you work to determine precisely what you must do prior to filing your bankruptcy petition. Given that US bankruptcy law is incredibly complex, it is easy for an… Read More »

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BankruptcyQuest

Will High Corporate Bankruptcy Rates Continue in 2024?

By Kelley Kaplan & Eller |

Business bankruptcies increased throughout 2023, and commentators regularly remarked on the rising rates of corporate bankruptcy filings under both Chapter 7 and Chapter 11. According to a recent report from NPR, consumers have been surprised to learn about recent business bankruptcies given that the economy has shown signs of improvement. Many of the 2023… Read More »

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BusinessLit2

New Requirements Under the Corporate Transparency Act

By Kelley Kaplan & Eller |

What does your business need to know about the new requirements under the Corporate Transparency Act (CTA)? In addition to learning about the new requirements and how they will impact your business, it is also important to know that the experienced West Palm Beach business lawyers at Kelley Kaplan & Eller, PLLC are here… Read More »

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BusinessBankruptcyWallet

What Business Owners Should Know About the Purdue Pharma Case

By Kelley Kaplan & Eller |

Can corporate bankruptcy cases release owners from civil liability for certain types of harm connected to the business? In other words, when the terms of a bankruptcy plan are beneficial to the individual business owners because the bankruptcy terms also limit the owners’ individual liability, can the bankruptcy case move forward? This is among… Read More »

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BankAtty

Can I Sell My House During a Chapter 13 Bankruptcy?

By Kelley Kaplan & Eller |

Filing for Chapter 13 bankruptcy and going through the bankruptcy process involves more time than some debtors realize. Indeed, Chapter 13 repayment plans typically have a time frame of three to five years, which means that your bankruptcy case will be open (and you will be making monthly payments) during that period of time…. Read More »

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Bankruptcy_money

Discharging Student Loans in the New Year

By Kelley Kaplan & Eller |

In the days, weeks, and months of every new year, debtors file for bankruptcy in order to get a fresh start financially. With changes to the process for having student loans discharged now firmly in place, debtors can file for personal bankruptcy and can go through a much simpler and less costly process to… Read More »

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Bankruptcy19

Small Business Losses and Filing for Bankruptcy

By Kelley Kaplan & Eller |

Small businesses in South Florida can be extremely rewarding for business owners to run, but they can also be stressful enterprises when the business is losing money for reasons related either to the business itself or to external factors. There are a wide range of small businesses throughout the West Palm Beach area, and… Read More »

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Bills

Should I Continue Paying My Bills After Filing for Bankruptcy?

By Kelley Kaplan & Eller |

When you file for bankruptcy, you might be wondering: should I continue paying my bills once I file my bankruptcy petition? The answer to that question is more complicated than a simple “yes” or “no” answer, and the answer will depend upon your particular circumstances, the types of bills you have, and the type… Read More »

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