Monthly Archives: September 2023
How Couples Can File for Bankruptcy
Married couples planning to file for bankruptcy often have questions about how their legal relationship will impact the bankruptcy case. For example, are both spouses in a married couple required to file for bankruptcy if one spouse wants to file, or can spouses file individually? Or, for instance, if both spouses in a marriage… Read More »
How Does Bankruptcy Protect Me from Creditors and Debt Collectors?
People who are considering bankruptcy in South Florida often hear that the bankruptcy process can provide protections from creditors and debt collectors, but it may not be immediately clear how those protections work or what form they take. There are indeed protections associated with consumer bankruptcy, and it is important to learn more about… Read More »
Software and Tools for Discharging Student Loans
Anyone with outstanding federal student loan balances was likely disheartened after learning about the U.S. Supreme Court’s recent decision in Biden v. Nebraska (2023). In that case, the Court struck down the Biden administration’s plan to cancel anywhere from $10,000 to $20,000 in student loan debt for each borrower. As such, student loan debt… Read More »
Corporate Bankruptcy Rate Expected to Rise
Are you currently questioning whether your business should consider bankruptcy? According to a recent report from Bloomberg, many companies are in the position, and a lot of them are filing for bankruptcy. Indeed, The report suggests that the relatively recent “corporate bankruptcy wave will get even uglier” as business bankruptcies continue to surge globally…. Read More »
What Will Happen to My Retirement Savings If I File for Bankruptcy?
Making the decision to file for personal bankruptcy can be a difficult and confusing one, and many individuals in South Florida worry that they will lose a large portion of their assets, including their retirement savings, if they do decide to file for bankruptcy. Let us make clear up front that this is a… Read More »
Discharging Student Loans in Bankruptcy: What is Demonstrated Good Faith?
Now that the Biden Administration cannot move forward with plans to cancel student debt based on the outcome of the U.S. Supreme Court case Biden v. Nebraska (2023), debtors throughout Florida are wondering how they are going to be able to make payments on their educational debt. While having student loan debt discharged in… Read More »
State Versus Federal Exemptions in a Bankruptcy Case
If you are considering a personal bankruptcy filing in South Florida, it is essential to learn about exemptions and how they work. Any initial research into bankruptcy exemptions will yield information about federal exemptions and state exemptions. As such, you likely have questions about which exemptions will be applicable to your case. You might… Read More »
Do Businesses Receive a Discharge in a Chapter 7 Bankruptcy Case?
When you own a business and are struggling to keep the business afloat, you might be considering a corporate or business bankruptcy. Yet understanding the specifics of a business bankruptcy case can be very complicated for a business owner that does not have experience with this area of the law or has not been… Read More »
Getting Relief from Student Loans through Bankruptcy
Student loan payments will soon resume, and borrowers cannot expect forgiveness under the Biden Administration’s previously proposed plan for loan cancellation. To be sure, the U.S. Supreme Court struck down the plan to cancel between $10,000 and $20,000 of federal student debt for each borrower earning under a certain amount each year. As a… Read More »
Residency Requirements for Florida’s Homestead Exemption
If you own real property in Florida, and if you currently live in the state and are thinking about filing for Chapter 7 bankruptcy, you might know a little bit about Florida’s extremely generous homestead exemption. As you might know more broadly, in a Chapter 7 bankruptcy case, all assets that are “exempt” under… Read More »
