Author Archives: Jay Butchko
New DOJ Guidance For Discharging Student Loans In Bankruptcy
The U.S. Department of Justice (DOJ) recently announced new guidelines related to the discharge of student loan debt in bankruptcy, developed in coordination with the U.S. Department of Education. On November 17, 2022, a memorandum was released to provide guidance “regarding requests to discharge student loans in bankruptcy cases.” It is important to know… Read More »
Traditional Process For Discharging Student Loans Versus New DOJ Guidance Standards
With new guidance concerning the discharge of student loan debt from the U.S. Department of Justice (DOJ), it may be easier for debtors to discharge student loans in bankruptcy. The new guidance from the DOJ does not change the process for seeking a discharge of student loan debt in bankruptcy. Rather, it clarifies certain… Read More »
What Are The Different Tests For Student Loan Debt Discharges In Bankruptcy?
If you are considering the possibility of filing for bankruptcy and you currently have student loan debt, you may know that the U.S. Department of Justice (DOJ) recently released new guidance concerning the handling of consumer bankruptcy cases and student loan debt discharges. Many debtors who have student loan debt do not even attempt… Read More »
Is Credit Card Debt Dischargeable In Bankruptcy?
Many people in South Florida who file for bankruptcy do so at least in part because of extensive credit card debt. If you have a substantial amount of credit card debt, you may be wondering: is my credit card debt dischargeable if I file for bankruptcy? Generally speaking, under the U.S. Bankruptcy Code, credit… Read More »
When Can A Business Owner File For Chapter 13 Bankruptcy?
If you own a small business in South Florida, and you are considering bankruptcy but want to keep your business open, you may be wondering if you are eligible to file for Chapter 13 bankruptcy. While Chapter 13 bankruptcy is a type of consumer bankruptcy, there are some limited circumstances in which a small… Read More »
Bitcoin Miner Files For Chapter 11 Bankruptcy
Anyone who has invested in Bitcoin or other types of cryptocurrency has likely been filing the news about various cryptocurrency exchanges filing for bankruptcy. As reports about those bankruptcies suggest, investors may have very few protections in the bankruptcy process when they are seeking to recover some of the money they invested. Within the… Read More »
What Is A Repeat Bankruptcy Filing?
Have you filed for bankruptcy in the past, and are you wondering if you could be eligible to file for bankruptcy again? Many debtors in Florida and throughout the country have questions about repeat bankruptcy filings, including whether they are ever allowed and, if so, what determines a person’s eligibility to file for bankruptcy… Read More »
Can I File For Chapter 11 Bankruptcy To Avoid Foreclosure?
Struggling with debt and facing foreclosure can be extremely stressful, and you may be wondering about your options for avoiding foreclosure while also reorganizing your other debts. If you have conducted some preliminary research into the relationship between bankruptcy and foreclosure, you may know that a reorganization bankruptcy can allow you to stop the… Read More »
Will A Bankruptcy Filing Require Me To Give Up My Home Office Equipment?
Many people in South Florida work from home, or they work from home at least part of the time on a hybrid work schedule. As such, many Floridians and residents of West Palm Beach have home offices that contain office furniture, electronics, tools, and books they need for work. If you file for bankruptcy,… Read More »
What Are My Relief Options If Student Loan Debt Is Not Forgiven?
Debtors in South Florida and across the country with student loan debt are waiting to hear about whether they will have $10,000 or $20,000 of their student debt forgiven, depending upon whether or not their debt includes Pell grants. Anyone who has federal student debt is likely awaiting the decision on President Biden’s plan… Read More »
