Author Archives: Jay Butchko
Part-Time Florida Residents and Bankruptcy Cases
Florida is a state with an extremely large population of part-time residents, primarily including retirees who spend their winters in the state. According to Kiplinger, nearly 22 percent of the state’s residents are aged 65 and older. During the winter months, the overall Florida population rises about 5 percent due to an increased number… Read More »
Am I Eligible for Bankruptcy Exemptions?
If you have some familiarity with bankruptcy processes, you might know that “exemptions” are important in most individual bankruptcy cases. While exemptions are relevant in most personal or consumer filings, they do serve different purposes. In a Chapter 7 bankruptcy case, exemptions are what allow the debtor to retain certain property or assets while… Read More »
Getting Ready to Have Your Student Loans Discharged in Bankruptcy
Are you ready for student loan payments to resume? If not, you are certainly not alone. Borrowers throughout Florida are experiencing anxiety about the restart of student loan payments, and many are wondering if new guidelines could mean that it is possible to have their student loan debt discharged in a bankruptcy case. If… Read More »
What to Know About the Attestation Form and Student Loan Bankruptcy Discharges
Do you have a significant amount of student loan debt, and are you planning to file for bankruptcy in hopes of having that debt discharged? Our firm wants to emphasize that the U.S. Department of Justice (DOJ) released new guidance in late 2022 concerning the discharge of student loans in bankruptcy, and that guidance… Read More »
Risks of Handling a Bankruptcy Case Without a Lawyer
When you are struggling with seemingly insurmountable debt and are considering a bankruptcy filing, either personal bankruptcy or business bankruptcy, you might be thinking that it is possible to handle the bankruptcy case on your own without assistance from an attorney. While certain parts of any bankruptcy case might be relatively straightforward, bankruptcies in… Read More »
How Do I Create a Chapter 13 Repayment Plan?
If you are currently contemplating a Chapter 13 bankruptcy filing in South Florida, it is important to understand the general nature of this type of bankruptcy and, more specifically, the way the repayment plan will work. Chapter 13 bankruptcy is one type of reorganization bankruptcy, which means that your assets will not be liquidated… Read More »
Can I Discharge a Non-Qualified Education Loan in Bankruptcy?
There are many myths about discharging student loans in bankruptcy, and even when you have the correct information, it can be presented in a complicated manner. As such, many people do not have a clear understanding of how the bankruptcy process works when it comes to discharging student loans, and how private and federal… Read More »
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 »
