Author Archives: Jay Butchko
What Happens at the Meeting of Creditors?
When a debtor files for bankruptcy, whether the debtor is an individual or a business, the debtor will need to attend a hearing that is called the 341 meeting of creditors. The number refers to a specific part of the US Bankruptcy Code that requires this hearing and sets forth what happens within it…. Read More »
How Does Chapter 13 Allow Debtors to Catch Up on Mortgage Payments?
There are many different myths about personal bankruptcy, and one of the common ones is that a debtor who files for bankruptcy will have to give up all of their assets. Not only is this not the case in any type of bankruptcy filing, but Chapter 13 bankruptcy (and other forms of reorganization bankruptcy)… Read More »
Basics of Personal Bankruptcy in Florida
When an individual (or a married couple) is planning to file for personal bankruptcy, many aspects of the case are set by the US Bankruptcy Code, while certain features, documents, and steps will depend on the particular facts of the debtor’s case and circumstances. Given that every bankruptcy case will have particularities that will… Read More »
Basics of Business Bankruptcy in Florida
Business bankruptcy can take many different forms, and each business bankruptcy case will have its own nuances given the distinctions particular to the business filing for bankruptcy, as well as the type of bankruptcy being filed. Accordingly, to have a clear understanding of what to expect if your business files for bankruptcy, you should… Read More »
Can I Restructure an Existing Chapter 13 Plan?
If you file for Chapter 13 bankruptcy and your plan is confirmed, but you are having difficulty with the payments given a change in circumstances, you are likely wondering: can I restructure an existing Chapter 13 plan? The US Bankruptcy Code does permit the modification of an existing Chapter 13 plan under certain circumstances,… Read More »
How Does a Chapter 13 Plan Work?
Filing for personal bankruptcy can be an extremely complicated process, but an experienced bankruptcy lawyer in South Florida can assist you with all aspects of your case, including the Chapter 13 plan if you are intending to file for Chapter 13 bankruptcy. What is a Chapter 13 plan and how does it work? Given… Read More »
What is a Hardship Discharge?
Chapter 13 bankruptcy is a type of reorganization bankruptcy that is available to individuals, including sole proprietors. In a typical Chapter 13 bankruptcy case, the debtor will file a bankruptcy petition and all required forms and documentation, including a proposed repayment plan. In that repayment plan, the debtor will propose a schedule — typically… Read More »
Tips for Protecting Your Assets in a Chapter 7 Bankruptcy Case
Getting ready for a Chapter 7 consumer bankruptcy case can feel daunting, and our experienced West Palm Beach bankruptcy attorneys know how important it is to ensure that you know about and take advantage of all available bankruptcy exemptions so that you can protect as many assets as possible in your case. As you… Read More »
How Long Will I Wait for a Bankruptcy Discharge?
If you are considering filing for personal bankruptcy, one of the questions you likely want to know is: how long will I wait for a bankruptcy discharge? The answer to that question depends upon a number of factors, including the type of bankruptcy case you are planning to file and the complexity of your… Read More »
What Are the Duties of a Debtor in Possession?
When a debtor files a petition for Chapter 11 bankruptcy, the debtor becomes a “debtor in possession.” As a debtor in possession, the debtor must undertake additional fiduciary duties and responsibilities set forth under US bankruptcy law — these duties and responsibilities are beyond those that an individual debtor has in a traditional Chapter… Read More »
