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Category Archives: General

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Craig Kelley Selected as a Super Lawyer for 2019

By Kelley, Fulton & Kaplan |

On Wednesday July 24th Super Lawyers held a recognition event and Craig Kelley was selected as a Super Lawyer for 2019. Only 5% of Florida lawyers are selected!

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Construction-Defects

New Home Construction Defects and Your Legal Options

By Kelley, Fulton & Kaplan |

The increasing number of new construction homes, apartments, and condominiums being built in Florida have come with a surge of construction defect complaints. Rick Greene, director of development services in West Palm Beach, stated that for the past four out of five years, the city has collected more than $9 million each year in… Read More »

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Types of Debt That Survive Bankruptcy

By Kelley, Fulton & Kaplan |

Many would be surprised to know that not all debts can be discharged through bankruptcy, particularly given the primary goal in filing either Chapter 7 or Chapter 13 bankruptcy — which is to eliminate the burdens of debt to get a second chance at financial success. Therefore, debtors struggling to keep up with payments should consult… Read More »

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Disputes Involving Construction Defects

By Kelley, Fulton & Kaplan |

A common reason for a construction dispute is a construction defect. Buyers of new construction are making substantial investments and expect their new homes to be free of the problems often found in older buildings. Therefore, if a defect is discovered, a construction defect lawsuit may be filed and the professionals who built the structure… Read More »

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Renters' Rights Included in Every Lease

By Kelley, Fulton & Kaplan |

Both landlords and tenants have rights under federal and Florida tenant and landlord laws. Landlords need to protect their real estate investments and are permitted under law to collect rent. On the other hand, tenants have two basic renters’ entitlements: “Habitability” and “Quiet Enjoyment.” Both these rights are part of every South Florida residential lease… Read More »

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Small Business Bankruptcy Basics

By Kelley, Fulton & Kaplan |

The news often talks about large-scale businesses filing for bankruptcy, but the most common business bankruptcy filers are small companies. It is the sad reality of entrepreneurship that some businesses fail. When a small business’s debts start to pile up, business owners and shareholders should consider bankruptcy. Whether they want to continue the business… Read More »

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Kelley, Fulton & Kaplan: Bankruptcy, What are your Options?

By Kelley, Fulton & Kaplan |

Bankruptcy is a serious wall to hit for any business, but what solutions are available and which is more appropriate for certain scenarios? Craig Kelley, Esquire, Senior and Managing Partner at Kelley, Fulton & Kaplan recently spoke with Lawyer Monthly about this topic, detailing what the possible avenues might be, and providing information about… Read More »

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Eleventh Circuit Rules Surrender of Property Can Not Contest Foreclosure

By Kelley, Fulton & Kaplan |

In re Failla recently came before the Eleventh Circuit, posing the question of whether someone who surrenders his home in bankruptcy court can later oppose a foreclosure action. Upon the In re Failla’s recent conclusion, the Eleventh Circuit delivered a verdict to the contrary, citing the debtors’ relinquishing of rights to the property. In… Read More »

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How to Protect Yourself Against Creditor Harassment

By Kelley, Fulton & Kaplan |

The Fair Debt Collection Practices Act established several laws for creditors and debt collections practices. The laws created by this act cover any type of debt that falls under personal, family, and household debts. When you are facing bankruptcy, it is highly likely that you are dealing with annoying calls from creditors at your… Read More »

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Financial Tips for Newlywed Couples

By Kelley, Fulton & Kaplan |

A study conducted by American Express found that 20% of married couples waited until after marriage to talk about finances. It was also found that 91% of those surveyed found reasons to avoid financial discussions with a spouse. Some things you may want to consider is to talk about your financial memories, assess your… Read More »

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