Author Archives: Jay Butchko
When Do Debtors Receive A Discharge In Bankruptcy?
If you are considering bankruptcy — either for yourself as an individual or for your business — you may be wondering: when do debtors receive a discharge in bankruptcy? Generally speaking, discharges occur at the very end of a bankruptcy case, and that timeline can vary significantly depending upon the type of bankruptcy you… Read More »
Family Support And Bankruptcy: What To Consider
When you are considering personal bankruptcy, understanding how the specific type of bankruptcy you file for will impact your personal finances can be daunting and confusing. There are many different issues to consider in any personal bankruptcy filing, whether you are filing for a liquidation bankruptcy or reorganization bankruptcy. You likely have questions about… Read More »
What Is A Debtor In Possession?
Is your business planning to file for Chapter 11 bankruptcy in South Florida? If so, if you have conducted initial research into the Chapter 11 bankruptcy process, you have likely come across the term “debtor in possession.” This term is not relevant in all types of bankruptcy cases, but it is particularly important to… Read More »
Are High-Interest Or Secured Credit Cards Treated Differently In Bankruptcy?
Filing for bankruptcy as an individual or married couple with a significant amount of credit card debt can be a complicated process, especially if you do not yet have a clear understanding of how different types of bankruptcy work or how debts get discharged in consumer bankruptcy cases. According to an article in Bankrate,… Read More »
Should I Avoid Bankruptcy If I Am Facing Foreclosure?
Consumers in South Florida who are struggling with debt often have questions about the best way to handle their debt, and about their options for getting back on track with certain creditors or getting a fresh start financially. While many consumers understand that there are links between bankruptcy and foreclosure, it can be difficult… Read More »
Can Bankruptcy Help If My Business Is Struggling?
Reaching the realization that your business is struggling can be difficult. You may be unsure about whether the business will be able to earn enough in profits over the coming months to pay debts, and you might be wondering if it is time to close your business. When businesses in South Florida go through… Read More »
When Is The Time Right For My Business To File For Bankruptcy?
Is your business struggling, but you are not certain if you are ready to consider bankruptcy? Deciding to file for business bankruptcy can be a complicated and difficult decision, especially when you are planning to file for Chapter 7 bankruptcy in order to close your business and liquidate business assets. At the same time,… Read More »
Supreme Court Rules On Discharging Debts Incurred Through Another Party’s Fraud
If you file for bankruptcy, are you eligible to have debts discharged that were incurred as a result of somebody else’s fraud? This was the question that the U.S. Supreme Court had to consider in Bartenwerfer v. Buckley (2023). The case involved a debt incurred by a debtor as a result of her spouse’s… Read More »
Student Debt Cancellation and Bankruptcy: What To Consider
If you are struggling with student loan debt, you are probably reading news about a couple of key things: the possibility of student loan debt cancellation, and new guidance concerning the discharge of student loans in bankruptcy. As you likely know, the U.S. Supreme Court recently heard the case concerning student loan debt cancellation… Read More »
Key Terms In A Bankruptcy Case: Part II
The U.S. Bankruptcy Code, and other state-specific laws that are relevant to personal and business bankruptcy cases, uses various terms to describe bankruptcy processes, debtors’ and creditors’ rights, and more. Our West Palm Beach bankruptcy attorneys are here to provide you with more of the terms you need to know in order to understand… Read More »