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Why Would A Bankruptcy Trustee Abandon Property?

By Kelley, Fulton & Kaplan |

In a bankruptcy, any property that you own that is not protected can be taken by the trustee, sold or liquidated, and the proceeds given to your creditors to pay off your debts. Although for most people, their property will fit under the allowed exemptions, thus avoiding property from being taken, sometimes even when… Read More »

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Calculating Disposable Income In A Chapter 13 Plan

By Kelley, Fulton & Kaplan |

In a Chapter 13 bankruptcy, a consumer will pay some money to an unsecured creditor through the life of the Chapter 13 bankruptcy plan. But how much will be paid? In most cases, nowhere near the amount that is owed—one huge benefit of Chapter 13 is the ability to pay off loans for pennies… Read More »

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What Is An Adversarial Proceeding?

By Kelley, Fulton & Kaplan |

Normally, bankruptcy cases are not considered adversarial. Unlike a personal injury case, or a family law case, or a business law case, there are not two sides squaring off against each other, with one side winning and one side losing. In other words, bankruptcies are not what you would normally call “lawsuits.” Granted, this… Read More »

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Bankruptcy: Pros And Cons For Filing As A Married Couple

By Kelley, Fulton & Kaplan |

If you are married, it is likely that you do almost everything together, or at least, you are on the same page about almost everything in life. But what about bankruptcy? Do you have to file bankruptcy jointly as a couple or can you file as just one person even though you are married?… Read More »

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Bankruptcy And Evictions

By Kelley, Fulton & Kaplan |

If you file for bankruptcy and you rent property, there are things you should know about how the bankruptcy will affect your rental agreement. Many consumers are afraid that their landlord will retaliate against them if their landlord gets notice of the bankruptcy, but in fact, this is unlikely to happen. Your landlord is… Read More »

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How Long Does A Creditor Have To Sue On A Credit Card?

By Kelley, Fulton & Kaplan |

In Florida, there is a time limit for how long someone can enforce or collect upon a contract. That includes contracts between creditors, such as credit card companies, and a debtor. But how long does a creditor have to collect on a debt? In other words—how long is the Statute of Limitations (SOL) for… Read More »

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Defending Collections Lawsuits

By Kelley, Fulton & Kaplan |

If you’re sued on a standard credit card or retail credit account, you may be frightened and confused, and convinced that you absolutely owe the money. But that’s not always the case, and although bankruptcy is usually the best option if you have multiple debts, it’s still good to know how consumers defend themselves… Read More »

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Ipso Facto Clauses: Funny Name, Serious Meaning?

By Kelley, Fulton & Kaplan |

Usually, contracts mean what they say, and courts are hesitant to tell parties what they can or cannot do or agree to in a contract. Rarely will something that someone puts in a contract be automatically invalid or void. But bankruptcy law does contain one such provision that does just that. The Ipso Facto… Read More »

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Bankr28

The Head Of Household Exemption Has One Large Loophole

By Kelley, Fulton & Kaplan |

The Florida Head of Household exemption is a powerful tool that allows people to protect money they earn at work from creditors, whether in a collections lawsuit (such as a lawsuit suing on a credit card or medical debt) or whether in bankruptcy. But there’s one bit exception to this exemption that you should… Read More »

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Debt Settlement Companies: Stay Away

By Kelley, Fulton & Kaplan |

You have a lot of debt, and you may be considering bankruptcy. But that seems like a drastic step when there are so many ads on TV and online touting to just resolve your debts without bankruptcy. So what’s the better option—bankruptcy or a debt relief company? What Do Debt Settlement Companies Do? Debt… Read More »

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