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Author Archives: Jay Butchko

BankrRetire

Do I Need to Go to Credit Counseling?

By Kelley Kaplan Delaney & Eller, PLLC |

If you are planning to file for bankruptcy under any chapter, you may be wondering if you will need to go to credit counseling prior to filing your bankruptcy petition or at any other point in the bankruptcy process. In short, all filers in personal bankruptcy cases — but not in business bankruptcy cases… Read More »

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Bankr9

Voluntary Versus Involuntary Chapter 11 Bankruptcy Petitions

By Kelley Kaplan Delaney & Eller, PLLC |

When a business or an individual files for Chapter 11 bankruptcy, the case is usually what is known as a voluntary bankruptcy. However, in some situations, a business or an individual can be subject to an involuntary bankruptcy (and in most cases, involuntary bankruptcies impact businesses rather than individuals). What are the differences between… Read More »

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BankruptcyQuestions

Are Savings Accounts Exempt in Bankruptcy Cases?

By Kelley Kaplan Delaney & Eller, PLLC |

Anyone who is considering a personal bankruptcy in South Florida should be aware of exemptions available under the Florida Statutes, and how the varied exemptions may be relevant to their bankruptcy filing. Exemptions are relevant to both Chapter 7 and Chapter 13 filers of consumer bankruptcy cases in West Palm Beach and throughout the… Read More »

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Bankr10

Higher Prices and Consumer Bankruptcy

By Kelley Kaplan Delaney & Eller, PLLC |

In South Florida, many consumers have started to worry about the possibility of grocery prices rising significantly over the coming weeks. News media outlets, as well as notable economists, have suggested that the tariffs ultimately are likely to result in a rise in consumer prices as businesses pass on added costs to consumers. If… Read More »

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BankrLaw

What Happens to Non-Exempt Property in Chapter 13 Bankruptcy?

By Kelley Kaplan Delaney & Eller, PLLC |

If you have had any family members or friends who filed for bankruptcy, you may only know about Chapter 7 bankruptcy, which is a type of liquidation bankruptcy. In a liquidation bankruptcy, the debtor can claim a range of assets as “exempt” under the Florida Statutes, which means those exempt assets will not be… Read More »

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Bank15

How Does a Reorganization Plan Work in Chapter 11 Bankruptcy?

By Kelley Kaplan Delaney & Eller, PLLC |

Chapter 11 bankruptcy is a type of reorganization bankruptcy that is commonly used by businesses, although it is occasionally filed by individuals, too. As a type of reorganization bankruptcy, Chapter 11 bankruptcy does not involve asset liquidation but instead involves a reorganization plan through which the debtor repays creditors over a period of time…. Read More »

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Bankr24

Can Bankruptcy Unfreeze My Checking Account?

By Kelley Kaplan Delaney & Eller, PLLC |

Has your Florida bank account been frozen as a result of a creditor obtaining a judgment against you for a debt you owe? If you are considering the possibility of bankruptcy, you should know that your filing is likely to result in your account being unfrozen and any existing garnishment orders being halted due… Read More »

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MedicalDebt2

Medical Debt and Personal Bankruptcy in 2025: What to Know

By Kelley Kaplan Delaney & Eller, PLLC |

Medical debt has been a significant issue for Floridians for years now, and as of early 2025, it continues to be a problem for debtors in Florida and across the country. Indeed, according to LendingTree, about 55 percent of Americans have incurred medical debt that they have had to repay, and nearly 30 percent… Read More »

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Bankruptcy20

Credit Card Debt Reaches Record High

By Kelley Kaplan Delaney & Eller, PLLC |

Struggling with credit card debt is a common reason that Florida residents file for consumer bankruptcy. While credit card debt is not typically the only debt that bankruptcy filers are dealing with when they decide to file for Chapter 7 or Chapter 13 bankruptcy in South Florida, it is frequently one of the reasons,… Read More »

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BankChapter13

Can I Make Changes to My Chapter 13 Bankruptcy Plan?

By Kelley Kaplan Delaney & Eller, PLLC |

Chapter 13 bankruptcy is the most common type of reorganization bankruptcy for individual debtors, and it requires the debtor to have a repayment plan approved as part of their Chapter 13 case. For most individual debtors (or for a married couple filing jointly), a Chapter 13 case will involve a repayment plan that lasts… Read More »

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