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Bankr22

What Are the Duties of a Debtor in Possession?

By Kelley Kaplan & Eller |

When a debtor files a petition for Chapter 11 bankruptcy, the debtor becomes a “debtor in possession.” As a debtor in possession, the debtor must undertake additional fiduciary duties and responsibilities set forth under US bankruptcy law — these duties and responsibilities are beyond those that an individual debtor has in a traditional Chapter… Read More »

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Data Shows Most Student Loan Discharged Approved in Bankruptcy Cases

By Kelley Kaplan & Eller |

Is the new process for discharging student loans in bankruptcy working? According to a press release from the US Department of Justice, the new process that was unveiled in 2022 has resulted in most student loan debtors who have sought a discharge receiving a discharge of their student loans. Although recent data suggests that… Read More »

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Is Bankruptcy a Form of Debt Relief?

By Kelley Kaplan & Eller |

Struggling with debt under any circumstances is extremely stressful, and you may be weighing different options that could provide you with some relief. How can you get debt relief? And can you get debt relief through a bankruptcy filing? The term “debt relief” is commonly used in a range of ways, and you might… Read More »

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Finding a Business Bankruptcy Lawyer in South Florida

By Kelley Kaplan & Eller |

When do you need to start seeking out a business bankruptcy lawyer in South Florida? And how can you find the right business bankruptcy attorney for your company’s needs? These are critical questions when you have a business that is struggling with debt, and it is important to know how you can move forward… Read More »

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How a Bankruptcy Attorney Can Help with Student Loan Debt

By Kelley Kaplan & Eller |

For anyone in South Florida struggling with student loan debt, it is essential to learn more about how an experienced West Palm Beach bankruptcy lawyer can help you. Over the years, many student loan borrowers have heard that it was extremely difficult, or even impossible, to have their student loans discharged by filing for… Read More »

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What is Debt Reorganization Versus Restructuring?

By Kelley Kaplan & Eller |

When a business or an individual is struggling with debt in South Florida, the possibility of debt reorganization or debt restructuring can often be a promising solution to financial difficulties. Yet it is extremely important to be clear about distinctions between debt reorganization in a bankruptcy case and different forms of debt restructuring that… Read More »

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How Does the “Undue Hardship” Requirement Apply to Student Loans in Bankruptcy?

By Kelley Kaplan & Eller |

If you have considered filing for bankruptcy in order to have your student loans discharged, you may know that you must be able to prove that continuing to pay your loans would impose an “undue hardship” on you. The US Bankruptcy Code says, in its “exceptions to discharge” section, that “unless excepting [educational debt]… Read More »

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Can I File for Bankruptcy to Avoid a Debt Collection Lawsuit?

By Kelley Kaplan & Eller |

Being contacted with frequency by creditors or debt collectors can be frustrating, and it can be extremely stressful to learn that a creditor or debt collector is threatening to sue you to recover the money you owe if you do not make payments. If you have been contacted by a creditor or debt collector… Read More »

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Obtaining SBA Loan Payment Extensions

By Kelley Kaplan & Eller |

The COVID-19 pandemic was extremely difficult on businesses throughout South Florida, and many business owners applied for loans through the US Small Business Administration (SBA), including loans through the Economic Injury Disaster Loan (EIDL) program. Based on data from the SBA, approximately four million small businesses across the country received EIDL loans up to… Read More »

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Bankr23

What is a Bankruptcy Filing?

By Kelley Kaplan & Eller |

Whether you are struggling with personal debt, or your business is struggling financially, you might have considered bankruptcy because a colleague, family member, or other trusted party recommended it. Yet for parties without experience in bankruptcy cases, understanding what is involved in a bankruptcy case, and in a bankruptcy filing specifically, can be complicated…. Read More »

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