Author Archives: Jay Butchko
Supreme Court Addresses Indian Tribes and the Automatic Stay in Bankruptcy
The U.S. Supreme Court recently heard a case concerning a federally recognized Indian Tribe and whether the Tribe had to abide by the automatic stay set forth in the Bankruptcy Code. The Court ultimately ruled, in an 8-1 decision, that federally recognized Indian Tribes are subject to the automatic stay and the terms of… Read More »
How Bankruptcy Can Stop Wage Garnishment
Filing for bankruptcy has many benefits for individuals and businesses struggling with debt. For consumers who are facing significant amounts of debt and collection actions, bankruptcy can also stop the stress of facing action from creditors and debt collectors. This benefit comes from the automatic stay, an injunction that halts debt collection action once… Read More »
Self-Employment and Bankruptcy: What to Consider
When you are self-employed, the prospect of filing for bankruptcy can seem especially complicated and confusing. You may be unsure about how a bankruptcy petition for business debt will impact your individual finances, or vice versa. A West Palm Beach bankruptcy attorney at our firm can give you more information about self-employment and bankruptcy…. Read More »
Corporate Bankruptcies Are Rising
If your business is struggling financially and is considering bankruptcy, your business certainly is not alone. According to a recent CNBC report, the recent rate of corporate bankruptcies has been “surging,” and there may be multiple causes. The upshot is that we are likely to see a higher rate of corporate bankruptcies in 2023… Read More »
How Do I Find a Bankruptcy Lawyer?
Are you currently considering bankruptcy, either for your business or for yourself? If so, you should be looking for a bankruptcy lawyer who will be assisting you with your case. In some circumstances, debtors assume that they can handle a bankruptcy case on their own, but they soon find out that bankruptcy law is… Read More »
When Should I File For Bankruptcy If I Want To Have My Student Loans Discharged?
Is now the best time to file for bankruptcy if you have student loan debt that you want to have discharged? Many borrowers are asking themselves this question, especially those who are waiting to hear the decision from the U.S. Supreme Court about student loan debt cancellation. How can you determine whether you should… Read More »
Bankruptcy And Your Taxes: When To File?
If you are expecting a tax return, or if you are anticipating that you will owe a significant amount of tax debt, you may be wondering when you should file your tax return if you are also planning to file for bankruptcy. In other words, should you wait until after you have filed your… Read More »
Reconsidering Bankruptcy Myths And Student Loans
There is new guidance for discharging student loans in bankruptcy, which means that debtors who have student loans and file for bankruptcy can expect a new process for showing that they have met the “undue hardship” requirement that is necessary to have student loan debt discharged in a consumer bankruptcy case. Given that there… Read More »
How Will My Credit Card Debt Be Handled In A Bankruptcy Case?
Are you one of the millions of Americans with credit card debt? If you are currently struggling with credit card debt and you are considering bankruptcy, you are likely wondering: how will my credit card debt be handled in a bankruptcy case? In general, U.S. bankruptcy law allows credit card debt to be discharged… Read More »
Do I Still Need To Prove Undue Hardship To Discharge Student Loans In Bankruptcy?
With new guidance from the Department of Justice on the process for discharging student loans in bankruptcy, it is important to understand what has changed and what has not changed. For many Floridians with student loan debt who are considering bankruptcy, the news about the new guidance appears to be positive, but it may… Read More »
