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Category Archives: Bankruptcy Attorneys

Bank7

What is the Bankruptcy Administration Improvement Act of 2025?

By Kelley Kaplan Delaney & Eller, PLLC |

In early February, the Bankruptcy Administration Improvement Act of 2025 was signed into law. The new law does three major things that concern the administration of bankruptcy cases. First, it increases bankruptcy trustee fees in Chapter 7 cases. Second, it extends the increased Chapter 11 quarterly filing fee schedule. And, third, it extends the… Read More »

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Bank22

Can a Business Bankruptcy Include an EIDL Loan with a Personal Guarantee?

By Kelley Kaplan Delaney & Eller, PLLC |

Many smaller businesses in South Florida sought loans through the federal government to remain afloat during the COVID-19 pandemic. There were various forms of funding that were available, including some funding that worked more like grants and some loans that would need to be repaid at a later date. Loans made through the US… Read More »

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Medical Debt

Cancer-Related Medical Debt and Bankruptcy

By Kelley Kaplan Delaney & Eller, PLLC |

South Florida residents incur medical debt for many different health care issues, from chronic diseases that are not life-threatening but require frequent care to medical emergencies like heart attacks and cancer diagnoses. Cancer, in particular, can leave Floridians with significant amounts of medical debt that they had to take on in order to treat… Read More »

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BankruptcyCase

Applying Exemptions to Your Florida Bankruptcy Case

By Kelley Kaplan Delaney & Eller, PLLC |

South Florida residents who file for personal bankruptcy will typically file for either Chapter 7 bankruptcy, which is a type of liquidation bankruptcy, or Chapter 13 bankruptcy, which is a form of reorganization bankruptcy. In either type of bankruptcy filing, you will need to work with a bankruptcy attorney to determine how exemptions can… Read More »

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Bankrupt

Will Our Business Have to Liquidate Assets in a Chapter 11 Bankruptcy?

By Kelley Kaplan Delaney & Eller, PLLC |

One of the major concerns that business owners and individuals alike have when they are considering a bankruptcy filing is whether they will end up losing assets. In other words, will your assets have to be liquidated in order for you to obtain bankruptcy protections? With reorganization bankruptcies, the answer is no. While many… Read More »

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BankFile2

Health Savings Accounts and Consumer Bankruptcy in Florida

By Kelley Kaplan Delaney & Eller, PLLC |

Are you considering filing for consumer bankruptcy (also known as personal bankruptcy) in Florida but concerned about certain savings accounts you have been adding to over a long period of time being liquidated? More specifically, have you been contributing for many years to a health savings account (HSA) and are now concerned that those… Read More »

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BankruptcyLaw

What Factors Determine a Business’s Eligibility for Certain Types of Bankruptcy?

By Kelley Kaplan Delaney & Eller, PLLC |

When a business is considering a bankruptcy filing, it is essential to work with a business bankruptcy lawyer in South Florida who can assist the business owners in determining eligibility for particular types of bankruptcy. There are different factors that go into a business’s eligibility for particular types of bankruptcy, including the structure of… Read More »

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Chapter 11 Bankruptcy_

Business Responsibilities to Employees During Chapter 11 Bankruptcy

By Kelley Kaplan Delaney & Eller, PLLC |

Chapter 11 bankruptcy filings are becoming more and more common among businesses in South Florida, and data reported by the American Bankruptcy Institute (ABI) indicates that commercial Chapter 11 filings rose by 3 percent during 2025, while commercial filings in general rose by about 13 percent. If your business is currently considering Chapter 11… Read More »

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How Bankruptcy Changes When a Married Couple Files Jointly

By Kelley Kaplan Delaney & Eller, PLLC |

Are you currently considering filing for bankruptcy, and you and your spouse are planning to file together? Whether you are thinking about a Chapter 7 bankruptcy or Chapter 13 bankruptcy case in South Florida, you may be able to file a joint petition — known as filing jointly — with your spouse. If you… Read More »

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Bank9

What is Discovery in a Bankruptcy Case?

By Kelley Kaplan Delaney & Eller, PLLC |

In many different types of legal proceedings, there is a part of the process known as “discovery.” This is a legal term that refers to the process through which both sides exchange information, including information about evidence they plan to use and witnesses they plan to present. Discovery often involves depositions, which are formal… Read More »

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