Author Archives: Jay Butchko
Is There a Difference Between Consumer and Personal Bankruptcy?
If you are considering bankruptcy in South Florida and you (or your business) have never had any experience with bankruptcy law before, understanding the distinctions among different kinds of bankruptcy can be confusing. Not only are multiple different terms used to refer to the same subject or issue in some cases, but there are… Read More »
How Long Does Each Type of Bankruptcy Take?
Whether you are considering an individual or a business bankruptcy filing, you are likely wondering how long you should expect the bankruptcy case to take. There is no specific time limit, or set number of days, in bankruptcy cases in general. And even within the timelines for each type of bankruptcy, debtors typically do… Read More »
Why Does Current Monthly Income Matter for Bankruptcy?
Any individual who is currently considering a personal bankruptcy filing may have seen information about “current monthly income” or heard about the relevance of “current monthly income” in a bankruptcy case. What is “current monthly income,” and why does it matter if you are thinking about filing for bankruptcy? In short, current monthly income… Read More »
Business Debt Discharges: Do They Ever Happen?
Many business owners do not fully understand how bankruptcy discharges work for corporations, and whether discharges are even possible when businesses file for bankruptcy. If you are one of the owners of a business, you may know that Chapter 7 bankruptcy works very differently for businesses (compared with individuals) when it comes to a… Read More »
How to Avoid Common Errors in Personal Bankruptcy Cases
When you are considering a personal bankruptcy filing in South Florida, it is critical to take steps to avoid some of the most common errors that can quickly derail a bankruptcy case. Mistakes that consumers make when filing for bankruptcy can range from relatively minor errors that end up costing them time and money,… Read More »
How Can My Business Qualify for Subchapter V?
Businesses in West Palm Beach and elsewhere in South Florida that are struggling with debt may be considering a bankruptcy filing. Unless you are certain that your business cannot recover financially and that it is time to close the doors, you are likely among the many and varied business owners who want to consider… Read More »
Which Tax Debts Are Dischargeable in Bankruptcy?
When you are planning to file for bankruptcy, you are likely thinking carefully about which of your debts will be eligible for discharge. While many types of consumer debt can be discharged in an individual bankruptcy case, there are some types of debt that are considered to be “exceptions to discharge” under the US… Read More »
What to Know About the ABI’s Subchapter V Task Force Report
Subchapter V bankruptcy has become an important tool for small businesses in Florida and throughout the country. As a subchapter of Chapter 11 bankruptcy, Subchapter V provides the same reorganization benefits but in a type of bankruptcy case that is more streamlined, less expensive, and less complex than a traditional Chapter 11 case. With… Read More »
Supreme Court Rejects Purdue Pharma Bankruptcy Plan
The Supreme Court recently issued an important ruling that will impact a range of bankruptcy cases in the future concerning Chapter 11 reorganization plans and their ability to release nondebtors from future claims against them or liability. In its recent decision in the case Harrington v. Purdue Pharma, the Court held, “the bankruptcy… Read More »
What is a Chapter 13 Confirmation Hearing?
When you are considering a Chapter 13 bankruptcy filing, it is essential to understand how the Chapter 13 plan and subsequent confirmation hearing will work. As a type of reorganization bankruptcy designed for individuals, Chapter 13 bankruptcy gives individuals an opportunity to reorganize debt with a repayment plan, which makes up the center of… Read More »
