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Category Archives: Chapter 11 Bankruptcy

BankruptcyReorg

Can a Subchapter V Bankruptcy Restructure My Florida Business’s EIDL Loan Debt?

By Kelley Kaplan Delaney & Eller, PLLC |

Small business owners across South Florida who are struggling to keep up with a large Economic Injury Disaster Loan (EIDL) often hear that Subchapter V of Chapter 11 is the answer, marketed at its creation as a faster, cheaper, and simpler alternative to a standard Chapter 11 case. In practice, many businesses that pursue… Read More »

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How Does Chapter 11 Bankruptcy Affect the SBA’s Lien on My Business’s EIDL Loan Collateral?

By Kelley Kaplan Delaney & Eller, PLLC |

If your business received an Economic Injury Disaster Loan (EIDL) of more than $25,000, the SBA almost certainly took a security interest in your business assets as a condition of the loan, filing a UCC-1 financing statement covering equipment, inventory, accounts receivable, and other business property. If your business is now considering a Chapter… Read More »

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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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Chapter 11 Bankruptcy

What Are Avoidable Transfers in a Chapter 11 Bankruptcy?

By Kelley Kaplan Delaney & Eller, PLLC |

When a business files for Chapter 11 bankruptcy (or in the less common situation in which an individual files for Chapter 11 bankruptcy), the debtor will typically become a debtor in possession. What this means is that, during the course of the bankruptcy case, the debtor will take on all but the investigative powers… Read More »

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Can Chapter 11 Bankruptcy Involve the Liquidation of Some Business Assets?

By Kelley Kaplan Delaney & Eller, PLLC |

If your business is considering a Chapter 11 bankruptcy filing, you may already be aware that this is a type of reorganization bankruptcy that does not involve the liquidation of business assets and does not require the closure of a business. Many business owners are eager to file for Chapter 11 bankruptcy over a… Read More »

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What Should My Business Include in a Chapter 11 Bankruptcy Plan?

By Kelley Kaplan Delaney & Eller, PLLC |

Chapter 11 is the most commonly filed type of reorganization bankruptcy for businesses, and it is also the type of bankruptcy that individuals file when their debts are too high to qualify for Chapter 13 bankruptcy. Like other forms of reorganization bankruptcy, Chapter 11 bankruptcy cases require various kinds of information in conjunction with… Read More »

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What Is A Debtor In Possession?

By Kelley Kaplan Delaney & Eller, PLLC |

Is your business planning to file for Chapter 11 bankruptcy in South Florida? If so, if you have conducted initial research into the Chapter 11 bankruptcy process, you have likely come across the term “debtor in possession.” This term is not relevant in all types of bankruptcy cases, but it is particularly important to… Read More »

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What To Tell Your Employees About A Chapter 11 Bankruptcy

By Kelley Kaplan Delaney & Eller, PLLC |

When your business is considering Chapter 11 bankruptcy, your employees may have some knowledge about the business’s financial struggles, and rumors could be circulating around the office or the workplace. While you might not want to provide too much information to your employees about plans for a Chapter 11 bankruptcy, giving your employees certain… Read More »

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What Are The Costs I Should Expect For A Chapter 11 Bankruptcy?

By Kelley Kaplan Delaney & Eller, PLLC |

When you are planning to file for Chapter 11 bankruptcy, you may know that this type of bankruptcy tends to cost significantly more than other types of reorganization bankruptcy, and more than Chapter 7 liquidation bankruptcies. For many businesses that want to file for reorganization bankruptcy, Chapter 11 is the only option, so it… Read More »

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What Are Setoff And Recoupment In Bankruptcy?

By Kelley Kaplan Delaney & Eller, PLLC |

In Chapter 11 bankruptcies in South Florida, the topics of setoff and recoupment may arise in a business’s bankruptcy case. These terms are important in the bankruptcy context and in business bankruptcy cases under Chapter 11 because they can affect how accounts are settled between creditors and debtors who have filed for bankruptcy. While… Read More »

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