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Category Archives: Bankruptcy in Florida

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Wage Garnishment Laws in Florida

By Kelley, Fulton & Kaplan |

A wage garnishment is an order mandated by the court or government agency that is sent to a debtor’s employer that requires him/her to withhold a certain amount of money from the debtor’s salary. The amount withheld from a paycheck depends on the type of debt, and in the state of Florida there is… Read More »

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What are my rights when I break my rental lease in Florida?

By Kelley, Fulton & Kaplan |

For some tenants, certain circumstances can result in needing or wanting to move from their rental before the end of the lease. For example, if a parent falls ill and a tenant needs to move home, he/she will need to terminate or break their lease immediately. Our West Palm Beach residential lease attorneys are… Read More »

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The Basics Behind Legally Valid Contracts

By Kelley, Fulton & Kaplan |

While most contracts are often times filled with legal jargon and complex terminology, the most effective and successful valid agreements are straightforward and simple. There are two requirements that need to be met in order to enter a legitimate contract: both parties signing the commitment must agree with the offer (“mutuality of assent”), and… Read More »

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Filing for Bankruptcy in Florida

By Kelley, Fulton & Kaplan |

Filing for bankruptcy can be overwhelming, and knowing the ins and outs of this process in Florida is challenging. There are multiple forms, tests, debt counseling requirements, exemptions, and court proceedings that may be required in order to move forward with a bankruptcy. Our West Palm Beach bankruptcy attorneys are here to help guide… Read More »

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Bad Faith Bankruptcy Filing

By Kelley, Fulton & Kaplan |

In order to have debts discharged in bankruptcy, it is required that the Debtor file in good faith. Alternatively, filing in bad faith means that the debtor is applying with the intention to abuse the bankruptcy system and evade his financial obligations. Our West Palm Beach bankruptcy attorneys take legal processes very seriously and… Read More »

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Reaffirming Debt In Chapter 7 Bankruptcy

By Kelley, Fulton & Kaplan |

Chapter 7 Bankruptcy provides debtors with the opportunity to break an overdue contract with their lender and have the remaining debt discharged. However, when bankruptcy defendants want to retain a certain piece of their secured property, they will need to execute a reaffirmation. This process holds the defendant responsible for the specific property’s debt… Read More »

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Strategies to Save Money When Facing Foreclosure

By Kelley, Fulton & Kaplan |

There are various options to choose from when homeowners are facing foreclosure, many of which may not be readily apparent to a stressed-out homeowner. Our West Palm Beach foreclosure attorneys will advise debtor homeowners on all available alternatives and arm them with the strongest defense in the foreclosure process. Remaining In The Home During… Read More »

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Valuing Personal Property in Bankruptcy

By Kelley, Fulton & Kaplan |

Completing forms accurately when filing for bankruptcy requires the assistance of a specialist with a thorough understanding of the legal paperwork and proceedings, especially when it comes to valuing personal property. Our West Palm Beach bankruptcy attorneys have knowledge and experience handling such documents and processes. It is a requirement when filling out the… Read More »

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Business Debts and Personal Liability

By Kelley, Fulton & Kaplan |

One question that our South Florida bankruptcy defense attorneys often encounter is: “Will I be held personally responsible for the debts of my business?.” For those who own businesses facing a mounting burden of debt or bankruptcy, there are two factors that will determine if they are personally liable: a written personal guarantee and… Read More »

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Converting From Chapter 13 To Chapter 7 Bankruptcy

By Kelley, Fulton & Kaplan |

Sometimes debtors find themselves in situations that force them to convert from Chapter 13 to Chapter 7. There is also the possibility that the court may force a bankruptcy chapter conversion on a defendant. Our West Palm Beach bankruptcy attorneys are here to give our expert advice on the process and qualifications behind bankruptcy… Read More »

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