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Author Archives: Jay Butchko

CoupleDebt

Do Both Spouses Need to File for Bankruptcy Together?

By Kelley Kaplan Delaney & Eller, PLLC |

Many marriages struggle with financial problems, and debt is a frequent conflict in marriages throughout Florida. Indeed, according to a report from CNBC, more than 50 percent of married couples consider divorce because of a spouse’s debt, and when married couples share a substantial amount of debt, that debt often leads to disagreements and… Read More »

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BankrLaw

How Will the Automatic Stay Protect Me in a Bankruptcy Case?

By Kelley Kaplan Delaney & Eller, PLLC |

When an individual files for personal bankruptcy in South Florida, the automatic stay will provide a number of important protections against additional debt collection actions. The specific benefits of the automatic stay — and how it will apply to your bankruptcy case in particular — will depend on the nature of your current debts… Read More »

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Corporate Credit Cards and Bankruptcy

By Kelley Kaplan Delaney & Eller, PLLC |

Whether you are a small business owner yourself and have business credit cards, or you work for a large corporation and have been issued a corporate credit card, any plans you have to file for bankruptcy are likely resulting in concerns about business credit cards and the bankruptcy process. To be sure, you are… Read More »

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Bankr12

How Can I Protect My Property If I File for Chapter 7 Bankruptcy?

By Kelley Kaplan Delaney & Eller, PLLC |

If you are considering a Chapter 7 bankruptcy filing, you likely already know that you will be filing for liquidation bankruptcy. In a liquidation bankruptcy, all non-exempt assets will be liquidated so that creditors can be repaid as fully as possible and so that you can receive a discharge of your existing debt. Many… Read More »

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CarLoan2

New Law in Florida Protects Cars in Bankruptcy Cases

By Kelley Kaplan Delaney & Eller, PLLC |

Whether you are considering a Chapter 7 bankruptcy filing or a Chapter 13 bankruptcy filing in Florida, you should know that there is a new law in Florida that will allow many more debtors to protect the full value of their automobile when they file for bankruptcy. The new law, SB 158, was recently… Read More »

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BankFile

How is Family Support Treated in a Personal Bankruptcy?

By Kelley Kaplan Delaney & Eller, PLLC |

In the West Palm Beach area and throughout the state of Florida, consumers can be required to pay family support (child support or alimony), or can be awarded family support (child support or alimony) in a family law case. While it is important to remember that bankruptcy law is separate from family law in… Read More »

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CreditCardUsage

Can I Make Credit Card Purchases Before Filing for Bankruptcy?

By Kelley Kaplan Delaney & Eller, PLLC |

When an individual is considering the possibility of filing for bankruptcy, or has even taken steps to plan for a bankruptcy filing, it can be difficult to completely change your financial habits in the weeks or months leading up to the bankruptcy filing. And in some cases, it may be necessary to continue making… Read More »

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NonCompeteWoman

New FTC Rule on Non-Compete Agreements

By Kelley Kaplan Delaney & Eller, PLLC |

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 Delaney & Eller, PLLC |

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 Delaney & Eller, PLLC |

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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