Author Archives: Jay Butchko
What is a Proof of Claim in a Bankruptcy Case?
If you are filing for bankruptcy, or your business is filing for bankruptcy, it will be important to learn more about the materials that will comprise your bankruptcy case. While your West Palm Beach bankruptcy lawyer will be able to provide clarification and information along the way, it is always a good idea to… Read More »
Florida’s Homestead Exemption and the “Intent to Return”
Are you considering Chapter 7 bankruptcy in South Florida but worried about losing your home? If you have substantial equity in your home, or if your home is fully paid off, you should know that Florida’s extremely generous homestead exemption will likely allow you to “exempt” (and therefore keep) your house, condo, or townhome…. Read More »
Why Some Debts Are Not Discharged in Bankruptcy
In most bankruptcy cases, the process goes according to plan and the debtor, if eligible, receives a discharge of the debts they were expecting to have discharged. Yet in some bankruptcy cases, the debtor may have only some of their debts discharged, and in limited cases, a bankruptcy case may be dismissed without a… Read More »
Do I Need to Attend a 341 Meeting of Creditors?
Part of every bankruptcy proceeding is something known as the 341(a) Meeting of Creditors, or sometimes known more simply as the “341 meeting.” If you did not know that this was going to be one of the components of your bankruptcy case, or if you filed on your own without legal assistance, the importance… Read More »
What Should My Business Include in a Chapter 11 Bankruptcy Plan?
Chapter 11 is the most commonly filed type of reorganization bankruptcy for businesses, and it is also the type of bankruptcy that individuals file when their debts are too high to qualify for Chapter 13 bankruptcy. Like other forms of reorganization bankruptcy, Chapter 11 bankruptcy cases require various kinds of information in conjunction with… Read More »
What Are My Bankruptcy Options If I Cannot Pass the Means Test?
Many individuals who are considering bankruptcy want to file for Chapter 7 bankruptcy. This is a type of liquidation bankruptcy that allows a debtor to obtain a relatively quick discharge of eligible debts and to get a fresh start financially within about half a year from the date of filing. With a liquidation bankruptcy,… Read More »
What Information Will I Need to Modify My Chapter 13 Repayment Plan?
Chapter 13 bankruptcy plans last for a long time — three to five years. When a debtor initially creates the repayment plan, it is based on their financial circumstances at that time, which are usually financial circumstances they are anticipating will continue through the length of the bankruptcy case. However, in three to five… Read More »
Why Does My Company’s Principal Place of Business Matter for Bankruptcy?
Is your business having financial difficulties, but there is a strong desire among the owners to keep the business operational? If so, you may be considering the possibility of Chapter 11 bankruptcy or another type of reorganization bankruptcy, such as Subchapter V, which is designed for smaller businesses with less debt. Through a business… Read More »
Does Bankruptcy Affect Family Support?
If you are considering filing for personal bankruptcy in South Florida, it is important to understand how a bankruptcy filing is likely to impact (or not to impact, as the case may be) family support payments. For debtors who currently receive child support or alimony, it is important to learn more about how that… Read More »
Selling a Business with an EIDL Loan
Did your business borrow money through the COVID-19 Economic Injury Disaster Loan (EIDL) program? If so, your business certainly is not alone. According to data from the US Small Business Administration (SBA), by the time the COVID-19 EIDL loan program closed in 2022, more than $378 billion in loan dollars had been approved, and… Read More »
