Author Archives: Jay Butchko
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 »
Is Repeatedly “Re-Tagging” Someone on Facebook Considered Cyberstalking?
Cyberstalking is often a component of domestic violence cases. Individuals can use the Internet to harass, threaten, or even terrorize their victims. In many cases, these victims can seek an injunction against cyberstalking under Florida law. At the same time, conduct that is merely annoying or offensive remains constitutionally protected speech under the First… Read More »
Can My Accuser Raise New Domestic Violence Allegations Against Me in Court?
Domestic violence cases are often emotionally charged affairs. But as with any legal matter, the actual process of requesting a domestic violence injunction requires all parties to observe certain formalities. One of them is the petitioner’s duty to inform the respondent of the charges against them prior to any judicial hearing. Put another way,… Read More »
Will an Automatic Stay in Bankruptcy Stop the Sale of My House?
One of the key benefits of filing for bankruptcy is the automatic stay. This puts an immediate halt to any debt collection activity on the part of your creditors until the bankruptcy court has a chance to review your petition. This includes any foreclosure proceedings on your home or other real property. A stay… Read More »
Can Prosecutors Introduce Evidence of My Alleged “Prior Bad Acts” at My Criminal Trial?
If you are tried for a crime in Florida, the prosecution is generally banned from introducing any evidence that is solely designed to paint you as a “bad character” to the jury. In other words, most evidence regarding your “prior bad acts” are inadmissible, unless those acts are similar to the one you are… Read More »
What Are My Bankruptcy Options as a Florida Small Business Owner?
The COVID-19 pandemic has put many Florida small business owners in an impossible situation. As consumer demand has fallen while bills continue to mount, many businesses plan to close their doors permanently. But what does this mean from a legal standpoint? For example, does a small business owner need to file for bankruptcy? And… Read More »
What Is Considered a “Fraudulent Transfer” in a Florida Bankruptcy Case?
Let’s say you are thinking about filing for bankruptcy, but you are afraid of losing certain assets, such as a car or boat. You might think, “What would happen if I simply gave away the asset to a friend just before I declared bankruptcy?” Then, when your bankruptcy was completed, your friend gave the… Read More »