Monthly Archives: December 2025
What Property Counts for Florida’s “Wildcard” Exemption?
Are you currently considering a personal bankruptcy filing in South Florida? If so, you will most likely be filing for either Chapter 7 bankruptcy or Chapter 13 bankruptcy, and Florida’s bankruptcy exemptions will be something that you must learn more about for your case. Most bankruptcy exemptions in Florida that are available to individual… Read More »
Business Bankruptcy for EIDL Loans in the New Year
During the COVID-19 pandemic, the US Small Business Administration (SBA) offered various funding options for small businesses in South Florida and throughout the country to help those businesses stay afloat during in-person business closures and a general downturn. Some of the funding came in the form of grants that did not need to be… Read More »
Chapter 11 or Subchapter V: Which is Right for My Business?
Are you an owner of a small business in South Florida that is currently dealing with financial difficulties? If so, you may be considering a type of reorganization bankruptcy. There are multiple types of reorganization bankruptcies that businesses can file, depending on the size of the business, the structure of the business, the amount… Read More »
“Other” Individual Property Exemptions in Bankruptcy
When an individual files for bankruptcy in Florida, that individual will need to know about exemptions and how those exemptions will be relevant to their bankruptcy case. In a Chapter 7 individual bankruptcy, exemptions allow a debtor to retain certain assets — in this type of liquidation bankruptcy, only non-exempt assets are liquidated. Accordingly,… Read More »
Why Does Household Size Matter in a Personal Bankruptcy Case?
When an individual makes plans to file for Chapter 7 or Chapter 13 bankruptcy, or when a married couple files jointly, “household size” will matter. The specific details of your bankruptcy case will be determined in part by household size and household income. However, the US Bankruptcy Code does not define the term “household.”… Read More »
Will a Creditors’ Committee Be Appointed in My Bankruptcy Case?
Is your South Florida business currently considering a Chapter 11 bankruptcy filing? You may know that this is one of the most common types of bankruptcy for businesses, from smaller businesses that are structured as partnerships or even sole proprietorships to large corporations. It is also one of the more complex types of bankruptcy,… Read More »
Keeping Your Car in Bankruptcy
Are you struggling to make payments on your current auto loan while also struggling with other debt and wondering if you might be able to keep your car if you file for bankruptcy? Or are you concerned about being able to keep the vehicle you have paid off if you file for consumer bankruptcy?… Read More »
Congress Considering an Increase for the Chapter 13 Debt Limit
Are you considering a Chapter 13 bankruptcy filing but concerned that you may have too much debt to qualify? Many individual debtors are in this situation, especially those who are sole proprietors and own small businesses with significant debts. Unlike other types of businesses structured as partnerships, limited liability companies (LLCs), or corporations, sole… Read More »
Bankruptcy Filing Rate Increases Significantly in Florida
Bankruptcy filing rates — both individual bankruptcy filings and business petitions — have increased across the country over the last year. While nationwide bankruptcy filings have risen, some states have seen a more pronounced increase in bankruptcy filings than others. Florida is among those states. Indeed, according to data collected at the end of… Read More »
What Are Avoidable Transfers in a Chapter 11 Bankruptcy?
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 »
