Author Archives: Jay Butchko
Intellectual Property Rights in Business Bankruptcies
When a business files for bankruptcy, there are many types of assets that are impacted by the case. The full impact will depend on whether the business is filing for a type of liquidation or reorganization bankruptcy, along with other relevant factors. While it might be obvious how certain types of business assets or… Read More »
Pre-Bankruptcy Requirements
If you are planning to file for individual bankruptcy, it is critical to understand that there are certain steps you are required to take before you can actually file your bankruptcy petition. To be clear, you cannot decide to file for bankruptcy one day and file your petition the following day. Instead, there are… Read More »
Commonly Asked Questions About Credit Counseling and Debtor Education
Any individual that is planning to file for consumer bankruptcy will need to complete two separate course requirements: credit counseling and debtor education. Often, if you read descriptions of these two requirements, they sound very similar to one another. As such, you might be wondering if you actually need to complete both, and if… Read More »
How Bankruptcy Can Help Small Family Businesses Survive
Many small business and family business owners worry about the prospect of bankruptcy when their business is struggling financially, in part because of common misconceptions about business bankruptcy. Much too often, small business and family owners assume that filing for bankruptcy will mean having to close their business, or that the bankruptcy process is… Read More »
Who Needs to Pass the Bankruptcy Means Test?
If you are considering bankruptcy for yourself as an individual consumer, or for your business, you might have come across information about something known as the “means test.” You may be wondering who needs to pass the bankruptcy means test, and what is involved in taking and passing the means test. The short answer… Read More »
Clarifying Subchapter V Eligibility
If your business has been considering a Subchapter V bankruptcy filing, you may be aware that one of the eligibility requirements changed in summer 2024 with the sunsetting of a provision in federal law. With much news surrounding the revised eligibility factor, and significant news about a stark rise in Subchapter V bankruptcy cases… Read More »
Does the Automatic Stay Always Apply in Bankruptcy Cases?
As soon as you file for bankruptcy protection — as an individual or a business — you will receive immediate help from an injunction known as the “automatic stay,” set forth in Section 362 of the US Bankruptcy Code. In every bankruptcy case, whether it is a liquidation or reorganization bankruptcy, and whether the… Read More »
What is the Good Faith Requirement in Chapter 13 Bankruptcy?
Are you currently considering a Chapter 13 bankruptcy filing? If so, you might have come across information concerning “good faith.” While there are frequently discussions about how a debtor may be deemed to be acting in bad faith in certain types of bankruptcy actions or omissions, the terminology of “good faith” is written into… Read More »
Medical Debt and Bankruptcy Risks Among Older Floridians
Medical debt can affect Floridians of any age, but older adults who live in the state tend to have significantly more medical debt than younger residents. Indeed, according to a report from Alignment Health, seniors in Florida have the highest rate of medical debt in America. That report reveals that about 1 out of… Read More »
What is the Alter Ego Doctrine in Bankruptcy Law?
If you are considering corporate bankruptcy and any reference to the “alter ego doctrine” has come up, or there are reasons to anticipate the idea of “piercing the corporate veil” arising, it is important to learn more about how this doctrine could impact your business and your business bankruptcy case. This doctrine could be… Read More »