Author Archives: Jay Butchko
What Kind of Income Can I Use To Qualify For A Chapter 13 Bankruptcy?
When people file for bankruptcy, we tend to assume that the less money or income they have, the better (or at least, the easier it will be to get a discharge). To some extent that is true, particularly in Chapter 7 bankruptcy. But Chapter 13 is different. In Chapter 13, not only is having… Read More »
Does Length Of Residency In Florida Affect Your Bankruptcy?
One of the things your bankruptcy lawyer will ask you when you file for bankruptcy is when you moved to Florida, or how long you have lived in Florida. You may be wondering why you’re being asked that question, but it can make a big difference in your bankruptcy case. What Laws Apply? You… Read More »
Discharging Social Security Overpayments
As a general rule, people tend to think that debts that are owed to the federal government cannot be discharged. While that is true of some federal debts, that isn’t true of all of them. One area where debts owed to the government can be discharged is with Social Security overpayments. How do Overpayments… Read More »
Can You Exempt Alimony And Child Support Payments From Bankruptcy?
In the past we wrote about how you can’t discharge family law obligations, such as alimony or child support, in divorce. But what if you’re on the opposite end—that is, what if you are the one receiving alimony or child support? How does receiving these benefits affect you? Regular Wages are Exempt Bankruptcy courts… Read More »
Should You File For Bankruptcy Individually Even If You’re Married?
If you are married one of the first decisions you will have to make is whether or not to file for bankruptcy individually or as a married couple. You do not have to file jointly if you don’t want to. Whether to do so is an individual choice, which is based on your particular… Read More »
What Is A Chapter 11 Bankruptcy Creditor’s Committee?
One aspect of Chapter 11 bankruptcy which is unique and not found with other forms of bankruptcy is the creditors committee. A creditors committee will have a large hand in the debtor’s reorganization plan, and what the debtor will or will not have to pay through the Chapter 11 reorganization plan. Why is a… Read More »
Can You Lose Your Homestead Exemption?
One of the greatest protections afforded to consumers who file bankruptcy in Florida is the homestead exemption. The homestead exemption allows a debtor to protect from bankruptcy or creditors any property or home up to a half of an acre (160 acres, if in a rural area). The debtor must have lived in Florida… Read More »
Common Objections To Proposed Chapter 13 Repayment Plans
In a Chapter 13 bankruptcy, you will have to propose a plan to repay your creditors over the course of the 3-5 year plan. The good news is that you usually won’t pay anywhere near the entire amount that you owe, and rarely if ever will you lose property. Getting Plan Approval But a… Read More »
Will My Employer Know That I Filed For Bankruptcy?
If you are filing for bankruptcy, you may be concerned about privacy—especially about keeping your employer from knowing that you filed for bankruptcy. Is there a way to ensure that your employer doesn’t know about your bankruptcy? When Your Employer Has to Know As a general rule, there is no obligation to notify your… Read More »
Deficiency Judgments And Bankruptcies
You are in foreclosure, or having a car repossessed, and you’re thinking about bankruptcy. Although different kinds of bankruptcies can have different effects on these kinds of situations, none of that matters to you—you want to get rid of the car or the house anyway. Maybe it’s too expensive, or maybe you don’t like… Read More »
