Author Archives: Jay Butchko
What Is a Single Asset Real Estate Debtor and Why Does It Matter?
Any smaller business in South Florida that is currently considering a Subchapter V bankruptcy filing has likely come across information about the “single asset real estate debtor,” and how this type of debtor is ineligible for Subchapter V. If your business has any type of real estate dealings, you may be confused about what… Read More »
Can My Business Continue to Serve Customers After Bankruptcy?
When a business owner (or group of owners) is considering filing for bankruptcy, one of the most frequent questions they have is: can my business continue to serve customers, either during or after the bankruptcy? The answer to this question depends on different factors, including, most importantly, the type of business bankruptcy that the… Read More »
Bankruptcy Options for Florida Family Businesses
Small, family-owned businesses are an important part of the South Florida economy, and many of them have been operating for decades. Indeed, many family-owned businesses have been in families for multiple generations, and it is important for the present owners to keep the businesses operational and in a healthy financial state. According to the… Read More »
Why Debtors Choose Reorganization Bankruptcy
Any individual or business currently considering bankruptcy should know about different types of bankruptcies, and their relative benefits and limitations. There are several types of reorganization bankruptcy that may be available to individuals and businesses based on their particular circumstances. While each type of reorganization bankruptcy has its own processes and distinctions, the overall… Read More »
Eligibility for Credit After a Bankruptcy Filing
Many debtors in South Florida who are experiencing significant financial struggle are considering the possibility of bankruptcy, but they have concerns about how a bankruptcy filing will affect their eligibility for credit after a bankruptcy case. There are many misconceptions out there about consumer bankruptcy, including how bankruptcy affects a person’s credit. The myth… Read More »
Can I Convert from Chapter 11 to Subchapter V?
If your business filed for a traditional Chapter 11 bankruptcy, is it possible to convert to a Subchapter V case? Or, vice versa, can a Subchapter V debtor convert to a traditional Chapter 11 bankruptcy? Our West Palm Beach business bankruptcy lawyers can discuss business bankruptcy conversion with you, and we can speak with… Read More »
What Are the Pros and Cons of Subchapter V Bankruptcy in Florida?
As you may know, Subchapter V was created in 2019 through the Small Business Reorganization Act (SBRA), and it went into effect in February 2020. The aim was for smaller businesses to have a more streamlined reorganization bankruptcy option. Subchapter V is a subchapter of Chapter 11, which means it is a form of… Read More »
Are All Debts Repaid in a Chapter 13 Bankruptcy?
Are you struggling with debt and considering the possibility of a Chapter 13 bankruptcy filing? If so, you may already be aware that Chapter 13 bankruptcy cases operate much differently than Chapter 7 bankruptcy cases for individuals. While Chapter 7 bankruptcies do not require debtors to repay any debts that are eligible for discharge,… Read More »
What Happens to Disability Benefits in Personal Bankruptcy Cases?
If you are currently receiving disability benefits and planning to file for bankruptcy in South Florida, or if you are intending to file for disability benefits or have an application pending, it is essential to understand how a bankruptcy filing could affect your disability benefits. Generally speaking, most disability benefits are “exempt” in a… Read More »
Property Liens and Bankruptcy
If you have a lien on your property, whether you are an individual or a business, what will happen to that lien when you file for bankruptcy? The answer to the question can vary widely depending on the type of lien and the type of bankruptcy you are filing. Understanding the differences among the… Read More »
