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Category Archives: Bankruptcy Attorneys

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Can You Discharge Attorneys’ Fees In A Bankruptcy?

By Kelley, Fulton & Kaplan |

If you have been in a lawsuit, you may have unpaid attorneys’ fees. Those fees may be your own—money you owed to your own attorney—or, they could be fees for the other side, that you were ordered to pay by the court. This often happens in family law cases, in contract litigation, or in… Read More »

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What Happens If You Forget To List A Debt In A Chapter 7 Bankruptcy?

By Kelley, Fulton & Kaplan |

When you file for bankruptcy, you are supposed to list every creditor — that is, everybody that you owe money to. Part of the reason to do this is so creditors know that you are filing for bankruptcy and that they have the right to assert any claims in the bankruptcy court. It is… Read More »

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Do Immigrants Get Bankruptcy Homestead Protections?

By Kelley, Fulton & Kaplan |

Florida has some of the most generous homestead protections in the country, allowing a debtor to exempt almost all of his or her homestead property. Usually, what is or what is not a homestead is a straightforward question. But sometimes, problems arise that make a bankruptcy court question whether property is or is not… Read More »

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How Long Can A Florida Judgment Be Enforced?

By Kelley, Fulton & Kaplan |

If you’ve been sued, there’s a good chance you may have lost, and a judgment could be entered against you. If a judgment is entered against you, how long is it good for? You could file bankruptcy and get rid of the judgment in most cases, but is it a better idea just to… Read More »

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Bankruptcy For People Who Are Self Employed

By Kelley, Fulton & Kaplan |

Determining income for people who get a regular paycheck is usually very easy. Pay stubs or bank statements clearly show what the debtor earned. But self-employed filers face some complexities, both in proving income, and protecting the value of their business. The Means Test and Income People filing for Chapter 7 bankruptcy have to… Read More »

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What Will Your Chapter 13 Payment Be?

By Kelley, Fulton & Kaplan |

As many people know, Chapter 13 bankruptcy requires that you make payments to your creditors. But how much will those payments be? Would you even be able to afford a Chapter 13 repayment plan? Every Case is Different Of course, the answer to this question starts with the caveat that every case is different…. Read More »

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How To Lower What You Owe On Some Secured Property In Chapter 13 Bankruptcy

By Kelley, Fulton & Kaplan |

Let’s say that you take a mortgage out on property. Time goes by, and the property doesn’t appreciate as fast as you thought it would. Or there is an economic downturn, and the property decreases in value. Now, you owe more to the bank than the property is worth. The property is “upside down.”… Read More »

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Will I Lose My Pets In Bankruptcy?

By Kelley, Fulton & Kaplan |

When it comes to things that people worry about losing in bankruptcy, things like appliances, clothes, jewelry, cars, homes, or businesses are usually things that people have concern about. But nothing comes close to the concern that people have over their pets. In fact, bankruptcy clients almost always ask whether they will lose their… Read More »

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Bankruptcy And Intellectual Property

By Kelley, Fulton & Kaplan |

The goal of bankruptcy is to discharge your debts while keeping as much of your property as possible. But when it comes to property, we often think of physical property, and give little thought to property that can’t be touched—such as intellectual property (IP). What is IP? IP is most often thought of as… Read More »

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Supreme Court Says Automatic Stay Doesn’t Require Return Of Repossessed Property

By Kelley, Fulton & Kaplan |

The automatic stay is one of the most powerful weapons in a consumer’s bankruptcy arsenal. It preserves the debtor’s assets, protects creditors, and gives the debtor some breathing room while the bankruptcy case is going on. But a recent Supreme Court case has now weakened the power of the automatic stay. What is the… Read More »

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