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Is Chapter 11 Bankruptcy For Businesses Or Individuals?

By Kelley, Fulton & Kaplan |

If you are a business owner and want to file for reorganization bankruptcy so that you can reorganize debts while keeping your business open, you will likely be planning to file for Chapter 11 bankruptcy. Yet in some instances, you might have heard about individuals who filed for Chapter 11 bankruptcy even though Chapter… Read More »

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Can You Negotiate With Your Creditors?

By Kelley, Fulton & Kaplan |

You are in debt, and you are considering bankruptcy. But then a thought occurs to you: Why file for bankruptcy? Couldn’t you just call your creditors and negotiate with them? The answer is that you can—although that isn’t as easy as it sounds, and it isn’t always the best idea. Will Creditors Negotiate? The… Read More »

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Bankruptcy Considerations When You Are Closing Your Business

By Kelley, Fulton & Kaplan |

Your business is failing, or has failed. You know it’s time to wind down your affairs, given that the business is not only not profitable, but has also incurred a fair amount of debt that neither you nor the business can afford to pay. But how do you wind down your business—especially if you… Read More »

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What Doesn’t The Automatic Stay Stop?

By Kelley, Fulton & Kaplan |

When you file for bankruptcy, an automatic stay will immediately be in effect. This is a powerful advantage for bankruptcy filers. The automatic stay stops any and all collection efforts against you. That includes everything from collections lawsuits, to calls, to letters–absolutely anything that could take your money or property, or which is an… Read More »

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Legal Considerations When Buying A Business

By Kelley, Fulton & Kaplan |

If you’re buying a business, congratulations are in order. This is a big decision, and hopefully, a great start to a new and productive financial future for you. But buying a business doesn’t involve only business decisions. It also involves a lot of legal considerations as well. What are You Buying? The first consideration… Read More »

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What Is An Executory Contract?

By Kelley, Fulton & Kaplan |

Imagine that you are entering the US military as a service member. The government gives you a sum of money to help with educational expenses, or simply money as a bonus to incentivize you to join and remain with the armed services. However the money has a condition on it—you must remain in your… Read More »

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Government Report On Medical Debt Creates A Bleak Picture

By Kelley, Fulton & Kaplan |

The government, through the consumer financial protection Bureau (CFPB), has released a report, demonstrating the difficulties and complexities of medical debt, and how damaging it can be to consumers. Medical debt presents a number of problems and obstacles that consumers normally don’t encounter with traditional credit card debt. According to the CFPB, here is… Read More »

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Doing Asset Protection Before Creditors Come Calling

By Kelley, Fulton & Kaplan |

When it comes to asset protection, many of us wait until it’s too late to start making the plans we need to make. What are the benefits of starting asset protection strategies before there are creditors pursuing you? What is Asset Protection and is it Legal? Asset protection is the process of moving or… Read More »

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Filing Annual Corporate Reports

By Kelley, Fulton & Kaplan |

Let’s say that you have gone through all the corporate formalities needed, and gotten all the documents filed with the state that you need to be filed. You are now done, and as far as the state is concerned, your duties to file anything have been fulfilled. Or have they? Actually, no matter how… Read More »

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Legal Considerations When Selling A Business

By Kelley, Fulton & Kaplan |

If you’re selling your business, there’s a good chance it’s because it was successful, and you are looking to step back (or, start another business venture). Either way, selling your business should be a positive experience for you, and it can be by following some simply legal guidance. Basic Legal Considerations Just because your… Read More »

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