Monthly Archives: July 2023
When Can a Business File for Subchapter V?
For any small business owner dealing with a financial downturn and the anticipation that business profits will pick up again in the future, a reorganization bankruptcy might be in consideration. If you have followed recent changes to business bankruptcy law, you likely know that the Small Business Reorganization Act of 2019 (SBRA) added the… Read More »
Student Loans and Bankruptcy Guidance: Key Takeaways
For many years, debtors who are struggling with student loans have considered filing for bankruptcy but have been under the assumption that a discharge of their student loans would be unlikely. While discharging student loans has not, historically, been as easy or straightforward as discharging other types of unsecured debt, there have been many… Read More »
Can I File For Bankruptcy Before My Divorce?
The relationship between bankruptcy and divorce can be complex, and anyone who is considering both bankruptcy and divorce should work with an attorney to consider the different types of individual bankruptcy and when it makes the most sense to file for bankruptcy in relation to filing for divorce. If you are struggling with debt,… Read More »
Can My Business File for Chapter 13 Bankruptcy?
If you own a small business and you are considering a reorganization bankruptcy, you might have started exploring both Chapter 11 and Chapter 13 bankruptcy. In looking into these forms of reorganization bankruptcy, you may have realized that Chapter 11 bankruptcy is significantly more complicated than Chapter 13 bankruptcy and tends to cost significantly… Read More »
Is My Debt Dischargeable?
Before you take any steps to file for personal bankruptcy, it is essential that you speak with a bankruptcy attorney in West Palm Beach to determine whether or not your debt is dischargeable — especially if you are planning to file for Chapter 7 bankruptcy. While there are other benefits to reorganization bankruptcies (for… Read More »
Supreme Court Addresses Indian Tribes and the Automatic Stay in Bankruptcy
The U.S. Supreme Court recently heard a case concerning a federally recognized Indian Tribe and whether the Tribe had to abide by the automatic stay set forth in the Bankruptcy Code. The Court ultimately ruled, in an 8-1 decision, that federally recognized Indian Tribes are subject to the automatic stay and the terms of… Read More »
How Bankruptcy Can Stop Wage Garnishment
Filing for bankruptcy has many benefits for individuals and businesses struggling with debt. For consumers who are facing significant amounts of debt and collection actions, bankruptcy can also stop the stress of facing action from creditors and debt collectors. This benefit comes from the automatic stay, an injunction that halts debt collection action once… Read More »
Self-Employment and Bankruptcy: What to Consider
When you are self-employed, the prospect of filing for bankruptcy can seem especially complicated and confusing. You may be unsure about how a bankruptcy petition for business debt will impact your individual finances, or vice versa. A West Palm Beach bankruptcy attorney at our firm can give you more information about self-employment and bankruptcy…. Read More »
Corporate Bankruptcies Are Rising
If your business is struggling financially and is considering bankruptcy, your business certainly is not alone. According to a recent CNBC report, the recent rate of corporate bankruptcies has been “surging,” and there may be multiple causes. The upshot is that we are likely to see a higher rate of corporate bankruptcies in 2023… Read More »
How Do I Find a Bankruptcy Lawyer?
Are you currently considering bankruptcy, either for your business or for yourself? If so, you should be looking for a bankruptcy lawyer who will be assisting you with your case. In some circumstances, debtors assume that they can handle a bankruptcy case on their own, but they soon find out that bankruptcy law is… Read More »
