Recent Blog Posts
When Can a Florida Business Obtain an EIDL Loan?
If your South Florida business is struggling financially due to an unexpected event or occurrence, you may be exploring potential loan options to help keep your company afloat. Given that they were the subject of significant news coverage for many years, you may know about the Economic Injury Disaster Loan (EIDL) program that helped… Read More »
Is Debt Forgiveness the Same as a Discharge?
If you are struggling with debt individually, or if your business is struggling to repay debt, you may be looking into options for debt relief. For individuals or businesses that have never filed for bankruptcy or discussed the possibility of bankruptcy with an attorney, it can be difficult to understand the precise meaning of… Read More »
Can an EIDL Loan Be Discharged in a Bankruptcy Case?
Businesses throughout South Florida applied for and received Economic Injury Disaster Loans (EIDL loans) during the COVID-19 pandemic. More recently, some South Florida businesses applied for EIDL loans in the aftermath of devastating hurricanes that caused significant property damage to businesses. While EIDL loans have been a common source of funding for numerous South… Read More »
What is a Chapter 11 Examiner?
In most Chapter 11 bankruptcy cases in South Florida, the business debtor will serve as “debtor in possession,” which involves fulfilling many of the same functions that a trustee performs in other types of bankruptcy cases. This means that the business continues to manage its assets during the terms of the reorganization and repayment… Read More »
Can I File for Bankruptcy with My Spouse if I Filed Individually in the Past?
Are you and your spouse currently considering a joint bankruptcy filing in Florida, either under Chapter 7 or Chapter 13? If so, you will need to determine your eligibility to file for bankruptcy, including passing the means test if you want to file for Chapter 7. Yet if either you or your spouse previously… Read More »
Should You Try to Pay Off Your Debt or File for Bankruptcy?
Are you currently struggling with debt and trying to figure out how you might be able to get back on track financially? If so, you may be looking at a wide range of options for debt relief, including the possibility of debt consolidation, debt settlement, bankruptcy, or simply trying to find the money to… Read More »
Starting a New Small Business After a Bankruptcy Filing
Whether you are considering a bankruptcy filing or you have recently filed for bankruptcy, you may be wondering about your options for starting a new business after filing for personal bankruptcy. Often, sole proprietors who also consider themselves entrepreneurs will test out a new business idea, and it may or may not earn the… Read More »
Do I Need to Go to Credit Counseling?
If you are planning to file for bankruptcy under any chapter, you may be wondering if you will need to go to credit counseling prior to filing your bankruptcy petition or at any other point in the bankruptcy process. In short, all filers in personal bankruptcy cases — but not in business bankruptcy cases… Read More »
Voluntary Versus Involuntary Chapter 11 Bankruptcy Petitions
When a business or an individual files for Chapter 11 bankruptcy, the case is usually what is known as a voluntary bankruptcy. However, in some situations, a business or an individual can be subject to an involuntary bankruptcy (and in most cases, involuntary bankruptcies impact businesses rather than individuals). What are the differences between… Read More »
Are Savings Accounts Exempt in Bankruptcy Cases?
Anyone who is considering a personal bankruptcy in South Florida should be aware of exemptions available under the Florida Statutes, and how the varied exemptions may be relevant to their bankruptcy filing. Exemptions are relevant to both Chapter 7 and Chapter 13 filers of consumer bankruptcy cases in West Palm Beach and throughout the… Read More »
