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Category Archives: Bankruptcy Attorneys

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What Are My Business’s Bankruptcy Options in Florida If I Want to Remain Operational?

By Kelley Kaplan Delaney & Eller, PLLC |

Is your South Florida business currently struggling with debt but hoping to keep its doors open while finding a path toward ending debt? For most businesses that are under such circumstances, working with a bankruptcy lawyer to identify an appropriate type of reorganization bankruptcy is precisely what the business needs. Our West Palm Beach… Read More »

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Higher Interest Rates

Higher Interest Rates May Lead to More Consumer Debt and Bankruptcy Filings

By Kelley Kaplan Delaney & Eller, PLLC |

Interest rates in Florida and across the United States continue to rise, making it more difficult for consumers to access affordable loans and for debtors with unsecured debts to be able to pay off the debts they owe. According to a recent report from the Committee for a Responsible Federal Budget, the “30-year Treasury… Read More »

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Florida Court Case Addresses Abbreviation of Bankruptcy on Credit Reports

By Kelley Kaplan Delaney & Eller, PLLC |

How will your bankruptcy case show up on your credit report, and what will the implications be for your future financial prospects? A recent case in the Middle District of Florida addressed a complaint under the Fair Credit Reporting Act (FCRA) concerning the manner in which a Chapter 7 bankruptcy case was reported on… Read More »

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What is the Right of Redemption in a Chapter 7 Personal Bankruptcy?

By Kelley Kaplan Delaney & Eller, PLLC |

If you are currently considering a personal bankruptcy filing and you have certain personal assets that have been secured by a lien, an issue that you will want to address with your South Florida bankruptcy attorney is the right of redemption under the United States Bankruptcy Code. The right of redemption, which exists under… Read More »

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What Happens to a Default Judgment Against Me If I File for Bankruptcy?

By Kelley Kaplan Delaney & Eller, PLLC |

Were you recently the defendant in a civil lawsuit filed against you by a creditor or a debt collector? If so, and if the creditor or debt collector won the lawsuit against you, they will now have what is known as a judgment against you. In some civil lawsuits for debt collection, if the… Read More »

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Chapter 11 Bankruptcy_

Can My Business Save Itself By Converting to Chapter 11?

By Kelley Kaplan Delaney & Eller, PLLC |

Filing for business bankruptcy is a complex process, and sometimes businesses move forward with a bankruptcy case without legal assistance, or with legal advice that is not particular to their specific business’s needs. As a result of the complexity of a business bankruptcy filing, and often as a result of the lack of an… Read More »

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Business Reorganization Bankruptcies

Is There a Deadline for Including EIDL Loans in Business Reorganization Bankruptcies?

By Kelley Kaplan Delaney & Eller, PLLC |

It has now been more than six years since the start of the COVID-19 pandemic in the United States, and more than six years since many businesses in South Florida began shutting down due to pandemic health and safety issues. During that difficult time, and in the months and early years to follow, many… Read More »

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Why You Should Consider Bankruptcy if You Are Facing a Creditor Lawsuit

By Kelley Kaplan Delaney & Eller, PLLC |

When you are struggling with debt as a consumer, we know how difficult it can be to field seemingly constant calls and other forms of contact from creditors and debt collectors. A debtor’s anxieties often become much greater when they find out that they are facing a creditor or debt collector lawsuit. If you… Read More »

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Types of Bankruptcy for Businesses Versus Individual Filers

By Kelley Kaplan Delaney & Eller, PLLC |

How do bankruptcy options differ for business filers versus individual filers? The answer to this question is not as straightforward as it might seem since there are circumstances in which a business owner may be able to file for a type of individual bankruptcy and circumstances in which an individual filer might need to… Read More »

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Does the Automatic Stay Apply to Business Debtors?

By Kelley Kaplan Delaney & Eller, PLLC |

If your business is considering a bankruptcy filing, or if you have previously filed for personal bankruptcy (or know someone who has), you may know about the tremendous power of the automatic stay. The automatic stay is an injunction that takes effect as soon as a debtor’s bankruptcy petition is filed. That injunction stops… Read More »

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