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Author Archives: Jay Butchko

Administrative Debt

What is an Administrative Debt in Bankruptcy?

By Kelley Kaplan Delaney & Eller, PLLC |

Bankruptcy cases involve many different forms of debts, which are classified in particular ways. Those classifications impact how such debts are repaid, and in reorganization bankruptcy cases, whether those debts must be repaid in full or may be eligible for discharge. In general, whether you are filing for personal bankruptcy or your business is… Read More »

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Bankruptcy Filing

Discharging Household Debt in a Personal Bankruptcy Filing

By Kelley Kaplan Delaney & Eller, PLLC |

Household debt is rising — in Florida and across the United States. In fact, it has reached such highs, and so quickly, that a recent report from Business Insider describes it as an “explosion of household debt” that may leave the American economy metaphorically “running off the cliff.” Household debt here has now reached… Read More »

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Rise in Subchapter V Filings for Small Businesses

By Kelley Kaplan Delaney & Eller, PLLC |

For small businesses in South Florida that are behind on payments to creditors and struggling to remain afloat, a reorganization bankruptcy can allow your business to restructure debt, remain open, continue operating, and, ideally, emerge from the reorganization bankruptcy on stronger financial footing. A reorganization bankruptcy can give a small business an opportunity to… Read More »

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Dental Debt

Discharging Dental Debt in Bankruptcy

By Kelley Kaplan Delaney & Eller, PLLC |

Many Floridians know how expensive health care can be, especially surgical procedures, treatments for chronic or life-threatening diseases, and hospital stays. Yet when most of us think about unexpected and costly medical bills, we are not thinking about dental care. However, dental procedures can be extremely expensive, and many Americans do not properly budget… Read More »

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_BDebt

Which Debts Survive Bankruptcy?

By Kelley Kaplan Delaney & Eller, PLLC |

Did your bankruptcy case recently come to a close, and have you been under the impression that your debts were discharged such that you now have a fresh start? Whether you filed for a type of reorganization bankruptcy and spent years making payments to catch up with many of your creditors while having some… Read More »

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Bankruptcy and Your HELOC: What to Consider

By Kelley Kaplan Delaney & Eller, PLLC |

Have you taken a home equity line of credit (HELOC) from which you have drawn funding to pay for various costs? A HELOC is a type of revolving credit line that is secured by a person’s home. In order to obtain a HELOC, a bank determines the total equity in the home, and then… Read More »

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DebtDefense

Why Are Exemptions Relevant to My Chapter 7 Bankruptcy Case?

By Kelley Kaplan Delaney & Eller, PLLC |

Exemptions are extremely important in personal bankruptcy cases, and especially in Chapter 7 cases where a debtor’s non-exempt assets will be liquidated as part of the bankruptcy process. If you are in the early stages of considering a Chapter 7 bankruptcy filing or planning for one, you may have come across references to exemptions,… Read More »

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Is There a Minimum Debt Requirement to File for Personal Bankruptcy?

By Kelley Kaplan Delaney & Eller, PLLC |

Are you currently considering a personal bankruptcy case but concerned that you may not be eligible because you do not have enough debt? In other words, are you trying to find out whether there is a minimum debt requirement to file for personal bankruptcy? This is a question that some debtors have, especially when… Read More »

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BBank

Is My Business at Risk of an Involuntary Bankruptcy?

By Kelley Kaplan Delaney & Eller, PLLC |

Is your South Florida business going through a significant financial downturn? If your business’s financial difficulties have resulted in delinquencies or default on payments with creditors, you may be concerned about the potential actions that your creditors or debt collectors could take against you or your business, depending on the structure of the business… Read More »

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Bankruptcy1

What is the “Equal Treatment” Rule in a Chapter 11 Bankruptcy?

By Kelley Kaplan Delaney & Eller, PLLC |

A recent bankruptcy case from September 2025, concerning the “equal treatment” rule, has been receiving significant attention among those who handle Chapter 11 bankruptcy cases and those who could be impacted by trending court decisions on the issue. If your business has been considering a Chapter 11 bankruptcy filing, it will be important to… Read More »

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