Author Archives: Jay Butchko
What is the Corporate Transparency Act?
Any small business owners in Florida need to learn about the recently enacted Corporate Transparency Act (CTA), which will become effective on January 1, 2024. The federal legislation is intended to increase corporate transparency and corporate accountability by establishing reporting requirements for most US businesses. The reporting requirements will involve providing information about the… Read More »
What is the Difference Between Conversion and Dismissal in a Bankruptcy Case?
Sometimes an individual or a business will file for bankruptcy, but the bankruptcy case will not be completed. The reason for this can be a conversion to another type of bankruptcy, or a dismissal. Depending upon the circumstances of the case, conversations and dismissals may be voluntary or involuntary — meaning that the debtor… Read More »
What is Bad Faith in Bankruptcy?
When courts dismiss bankruptcy cases due to “bad faith,” or when a creditor uses the term “bad faith” in a bankruptcy proceeding, what should a debtor know? First, our West Palm Beach bankruptcy attorneys want to emphasize that you should not worry about accusations of bad faith when you are working with an experienced… Read More »
What is an Adversary Proceeding?
In certain bankruptcy cases, the debtor will need to go through an adversary proceeding in addition to the general bankruptcy case. The term “adversary proceeding” is common to come across when you are researching student loans and bankruptcy in particular since student debt, in large part, can only be discharged following an adversary proceeding…. Read More »
How Couples Can File for Bankruptcy
Married couples planning to file for bankruptcy often have questions about how their legal relationship will impact the bankruptcy case. For example, are both spouses in a married couple required to file for bankruptcy if one spouse wants to file, or can spouses file individually? Or, for instance, if both spouses in a marriage… Read More »
How Does Bankruptcy Protect Me from Creditors and Debt Collectors?
People who are considering bankruptcy in South Florida often hear that the bankruptcy process can provide protections from creditors and debt collectors, but it may not be immediately clear how those protections work or what form they take. There are indeed protections associated with consumer bankruptcy, and it is important to learn more about… Read More »
Software and Tools for Discharging Student Loans
Anyone with outstanding federal student loan balances was likely disheartened after learning about the U.S. Supreme Court’s recent decision in Biden v. Nebraska (2023). In that case, the Court struck down the Biden administration’s plan to cancel anywhere from $10,000 to $20,000 in student loan debt for each borrower. As such, student loan debt… Read More »
Corporate Bankruptcy Rate Expected to Rise
Are you currently questioning whether your business should consider bankruptcy? According to a recent report from Bloomberg, many companies are in the position, and a lot of them are filing for bankruptcy. Indeed, The report suggests that the relatively recent “corporate bankruptcy wave will get even uglier” as business bankruptcies continue to surge globally…. Read More »
What Will Happen to My Retirement Savings If I File for Bankruptcy?
Making the decision to file for personal bankruptcy can be a difficult and confusing one, and many individuals in South Florida worry that they will lose a large portion of their assets, including their retirement savings, if they do decide to file for bankruptcy. Let us make clear up front that this is a… Read More »
Discharging Student Loans in Bankruptcy: What is Demonstrated Good Faith?
Now that the Biden Administration cannot move forward with plans to cancel student debt based on the outcome of the U.S. Supreme Court case Biden v. Nebraska (2023), debtors throughout Florida are wondering how they are going to be able to make payments on their educational debt. While having student loan debt discharged in… Read More »
