Author Archives: Jay Butchko
Why You Should Consider Bankruptcy if You Are Facing a Creditor Lawsuit
When you are struggling with debt as a consumer, we know how difficult it can be to field seemingly constant calls and other forms of contact from creditors and debt collectors. A debtor’s anxieties often become much greater when they find out that they are facing a creditor or debt collector lawsuit. If you… Read More »
Types of Bankruptcy for Businesses Versus Individual Filers
How do bankruptcy options differ for business filers versus individual filers? The answer to this question is not as straightforward as it might seem since there are circumstances in which a business owner may be able to file for a type of individual bankruptcy and circumstances in which an individual filer might need to… Read More »
Does the Automatic Stay Apply to Business Debtors?
If your business is considering a bankruptcy filing, or if you have previously filed for personal bankruptcy (or know someone who has), you may know about the tremendous power of the automatic stay. The automatic stay is an injunction that takes effect as soon as a debtor’s bankruptcy petition is filed. That injunction stops… Read More »
What Goes Into a Bankruptcy Petition?
Whether you are considering a business bankruptcy filing for your company or a personal bankruptcy case, it is important to understand what information you will need to get started and what will need to go into your bankruptcy petition. A bankruptcy petition is the form you will initially file with the court to initiate… Read More »
Does it Matter If My Spouse and I Are Separated for a Bankruptcy Filing?
If you are planning to file for divorce, but you and your spouse are currently separated, you may be concerned about how the separation will impact the bankruptcy filing and whether you will need to take additional steps to account for your separated status. In some states, spouses can become legally separated, which typically… Read More »
Which Creditors Do I Need to List in My Personal Bankruptcy Schedules?
Are you planning to file for personal bankruptcy in South Florida under Chapter 7 or Chapter 13? If so, you probably have a wide range of questions about the documents you will need to provide to the bankruptcy court, and the forms and other materials that you will need to complete as part of… Read More »
Can an Unmarried Couple File a Joint Bankruptcy Case?
There are many benefits to filing a joint bankruptcy petition for married couples in Florida. When you file a joint bankruptcy petition — when you both want to file for bankruptcy, to be clear, since spouse can also file individually — you can double most exemptions, and you can also avoid paying double filing… Read More »
How EIDL Loans Are “Haunting” Small Businesses
Is your South Florida business currently struggling to repay the pandemic loan it borrowed through the Small Business Administration’s Economic Injury Disaster Loan (EIDL) program? If so, your business is among the millions of others in Florida and across the country in a similar situation. According to a recent article in The New York… Read More »
What Steps Do I Need to Take After the 341 Meeting of Creditors?
Many individuals who file for bankruptcy under Chapter 7 or Chapter 13 begin to think about the 341 meeting of creditors once all of the initial forms and documentation have been filed with the bankruptcy court. This meeting of creditors, which is also known more casually as the “341 meeting,” is a requirement in… Read More »
Do I Need Exact Amounts I Owe to Each Creditor When I File for Bankruptcy?
Have you considered filing for bankruptcy but held off because the process of obtaining all the specific information about your debts seemed too stressful? When you are already under stress as a result of financial struggles, it can feel almost impossible to sit down and determine, down to the very cent, the amount that… Read More »
