Monthly Archives: September 2020
Federal Appeals Court Ruling May Allow for Discharge of Some Types of Private Student Loans in Bankruptcy
Student loan debt presents a unique challenge if you are thinking about filing for bankruptcy. Most student loans are considered non-dischargeable in a Chapter 7 or Chapter 13 case. In other words, even if you successfully complete the bankruptcy process, you still have to pay back the student loans. The bankruptcy court can make… Read More »
Can a Judge Force You to Wear Restraints During Your Criminal Trial?
When facing criminal charges, you have a constitutional right to be present at your own trial. This right generally includes freedom from physical restraint during any trial proceedings before the jury. In other words, you cannot be handcuffed or shackled in the jury’s presence. The reason for this is obvious: Such an appearance would… Read More »
How Much Discretion Does a Police Officer Have When Executing a Search Warrant?
The Constitution protects your right to be free from unreasonable searches and seizures. Among other things, this means that the police cannot take a sample of your blood without either your consent or obtaining a search warrant. The warrant itself can only be issued if a judge finds there is “probable cause” to believe… Read More »
The Impact of Florida’s Statute of Limitations on Your Creditors
If you have a stack of unpaid bills, you may think that bankruptcy is your only legal option for getting out of debt. This is not always the case. Depending on how old your debts are, they may actually no longer be enforceable under Florida law. Like all states, Florida imposes a statute of… Read More »