Author Archives: Jay Butchko
When Is The Time Right For My Business To File For Bankruptcy?
Is your business struggling, but you are not certain if you are ready to consider bankruptcy? Deciding to file for business bankruptcy can be a complicated and difficult decision, especially when you are planning to file for Chapter 7 bankruptcy in order to close your business and liquidate business assets. At the same time,… Read More »
Supreme Court Rules On Discharging Debts Incurred Through Another Party’s Fraud
If you file for bankruptcy, are you eligible to have debts discharged that were incurred as a result of somebody else’s fraud? This was the question that the U.S. Supreme Court had to consider in Bartenwerfer v. Buckley (2023). The case involved a debt incurred by a debtor as a result of her spouse’s… Read More »
Student Debt Cancellation and Bankruptcy: What To Consider
If you are struggling with student loan debt, you are probably reading news about a couple of key things: the possibility of student loan debt cancellation, and new guidance concerning the discharge of student loans in bankruptcy. As you likely know, the U.S. Supreme Court recently heard the case concerning student loan debt cancellation… Read More »
Key Terms In A Bankruptcy Case: Part II
The U.S. Bankruptcy Code, and other state-specific laws that are relevant to personal and business bankruptcy cases, uses various terms to describe bankruptcy processes, debtors’ and creditors’ rights, and more. Our West Palm Beach bankruptcy attorneys are here to provide you with more of the terms you need to know in order to understand… Read More »
Key Terms In A Bankruptcy Case: Part I
Whether you are planning to file for personal bankruptcy or business bankruptcy, what are some of the key terms you will need to know? Bankruptcy law is complicated, and there are a wide range of terms that are used in different types of bankruptcy cases. While you should still have a bankruptcy attorney handling… Read More »
Can I Be Sued By Creditors If I File For Bankruptcy?
Many people and businesses considering bankruptcy have concerns about the legal ramifications of filing, as well as the legal consequences if they do not file for bankruptcy. There are occasionally news stories about business debtors facing lawsuits from creditors when news breaks about a potential bankruptcy filing. Some of those businesses are already facing… Read More »
What To Consider When It Comes To Bankruptcy And Divorce
Are you currently considering both bankruptcy and divorce? When you are dealing with financial stressors and marital problems, it can be difficult to know how you should proceed. More specifically, you may be wondering if you should be filing for bankruptcy and then considering divorce later on, or whether it might make more sense… Read More »
Why Does It Matter If My Property Is Exempt?
When you are thinking about filing for bankruptcy and conducting initial research into the bankruptcy process, you will likely come across information about exemptions and both exempt and non-exempt property. You may be wondering what makes certain property exempt or non-exempt, and what impact that classification will have on your bankruptcy case. In short,… Read More »
What Your Business Should Know About Subchapter V Bankruptcy
If you own a small business and you are considering bankruptcy in order to reorganize debts and keep your business open, you will likely want to consider Subchapter V. The Small Business Reorganization Act of 2019 (SBRA) created Subchapter V, which is a type of Chapter 11 bankruptcy designed specifically for small businesses. It… Read More »
Federal Court Dismisses Chapter 11 Bankruptcy Petition Linked To Product Liability Lawsuits
When a business is facing lawsuits that could result in a judgment costing significant amounts of money, or that could result in settlement and other substantial costs, can that business file for bankruptcy and include the lawsuits in its repayment plan? In large part, that is a question that a federal court had to… Read More »
