Category Archives: Bankruptcy Attorneys
Get the Latest Information: Federal Student Loans and Bankruptcy
Until recently, bankruptcy law made it difficult to have student loans discharged through bankruptcy, and debtors could only be eligible by going through a lengthy adversarial process and presenting significant evidence to prove that continuing to pay their student loans would impose an “undue hardship” on them. The difficulty of having student loans discharged… Read More »
How Can My Business File for Bankruptcy and Remain Operational?
When your business is struggling with debt, but you and the other owners do not want to have to close the business, can bankruptcy be an option? In short, the answer is yes. When business owners learn about reorganization bankruptcies, they can be surprised to learn that it is possible for a business to… Read More »
Student Loans Are Restarting: Can You File for Bankruptcy Instead?
Student loan payments for debtors with federal student loans are restarting, and it is important to be prepared and to understand your options. For borrowers with crushing student loan debt — which is a reality for many borrowers in South Florida — the possibility of making monthly student loan payments can seem like an… Read More »
How Can Personal Bankruptcy Impact a Divorce Case?
Are you currently separated from your spouse and planning for divorce while you are also getting ready to file for bankruptcy? Often, when couples are having financial problems, they are also having marital problems. This means that there are numerous South Florida residents who are considering bankruptcy and divorce concurrently. While it is possible… Read More »
Can I Convert My Bankruptcy Case?
If you were to file for one type of bankruptcy, such as a liquidation bankruptcy, and then it turned out there was a reason to want to file for a reorganization bankruptcy instead, would you be able to convert your case? Or, vice versa, if you filed for a reorganization bankruptcy and then wanted… Read More »
What is the Corporate Transparency Act?
Any small business owners in Florida need to learn about the recently enacted Corporate Transparency Act (CTA), which will become effective on January 1, 2024. The federal legislation is intended to increase corporate transparency and corporate accountability by establishing reporting requirements for most US businesses. The reporting requirements will involve providing information about the… Read More »
What is the Difference Between Conversion and Dismissal in a Bankruptcy Case?
Sometimes an individual or a business will file for bankruptcy, but the bankruptcy case will not be completed. The reason for this can be a conversion to another type of bankruptcy, or a dismissal. Depending upon the circumstances of the case, conversations and dismissals may be voluntary or involuntary — meaning that the debtor… Read More »
What is Bad Faith in Bankruptcy?
When courts dismiss bankruptcy cases due to “bad faith,” or when a creditor uses the term “bad faith” in a bankruptcy proceeding, what should a debtor know? First, our West Palm Beach bankruptcy attorneys want to emphasize that you should not worry about accusations of bad faith when you are working with an experienced… Read More »
What is an Adversary Proceeding?
In certain bankruptcy cases, the debtor will need to go through an adversary proceeding in addition to the general bankruptcy case. The term “adversary proceeding” is common to come across when you are researching student loans and bankruptcy in particular since student debt, in large part, can only be discharged following an adversary proceeding…. Read More »
How Couples Can File for Bankruptcy
Married couples planning to file for bankruptcy often have questions about how their legal relationship will impact the bankruptcy case. For example, are both spouses in a married couple required to file for bankruptcy if one spouse wants to file, or can spouses file individually? Or, for instance, if both spouses in a marriage… Read More »
