Author Archives: Jay Butchko
What Happens to My Potential Civil Lawsuit If I File for Chapter 7 Bankruptcy?
When you file for Chapter 7 bankruptcy in Florida, a court-appointed trustee will take possession of your “bankruptcy estate.” The bankruptcy estate includes all property you own that is not otherwise exempt from the bankruptcy process. By law the estate covers “all legal or equitable interests of the debtor in property as of the… Read More »
How Dating Violence Injunctions Work in Florida
Florida law permits an individual to seek a court injunction to prevent future acts of “dating violence.” To qualify for such an injunction, the parties must have been in a dating relationship within the past 6 months. There are also several different types of injunctions that may be applicable. For example, Section 784.046(2)(b) of… Read More »
What Happens to an Unexpired Lease If I File for Bankruptcy?
In a Chapter 13 bankruptcy, a debtor files a proposed plan of reorganization with the court. In plain terms, the debtor must explain how they will repay their creditors over a three- to five-year period. To assist in this, the court will appoint a Chapter 13 trustee, who acts as the legal representative of… Read More »
Florida Appeals Court: Police Cannot Search Individuals Just Because They Are Carrying a Concealed Weapon
The Constitution protects your right to be free from “unreasonable” searches and seizures by the police. Among other things, this means that a police officer must have reasonable suspicion that some “criminal activity may be afoot” before searching you for a weapon. The officer cannot simply search you for no reason. A “Potentially Lawful… Read More »
Lawsuit Accuses Agencies of Illegally Lowering Student Loan Borrowers’ Credit Scores During COVID-19 Emergency
In response to the unprecedented economic impact of the COVID-19 pandemic, Congress provided for student debt relief in the recently adopted CARES Act. To be clear, Congress did not cancel any existing student loan debt. But it did order a temporary freeze on payments and interest for anyone who currently owes money on a… Read More »
How Recent Changes to Federal Bankruptcy Law Could Help Protect Your Florida Small Business
In 2019, Congress enacted the Small Business Reorganization Act (SBRA). This created a new provision of the federal Bankruptcy Code known as Subchapter V of Chapter 11. The idea behind Subchapter V was to give small businesses a “fast track” option for reorganizing themselves in bankruptcy without the need to go through the regular… Read More »
Can the Paycheck Protection Program Help My Florida Business During the COVID-19 Pandemic?
In response to the massive economic shutdown caused by the COVID-19 pandemic, Congress established the Paycheck Protection Program (PPP) to “provide a direct incentive for small businesses to keep their workers on the payroll.” Congress initially appropriated $349 billion to the PPP, which was quickly exhausted. On April 24, the President signed additional legislation… Read More »
Should I File for Bankruptcy If I Lost My Job Due to COVID-19?
The COVID-19 pandemic has challenged our economy in ways not seen since the Great Depression. As of April 16, 2020, approximately 22 million people in the U.S. have filed for unemployment insurance. Even with additional benefits provided for under recent congressional legislation, thousands of Floridians now find themselves unable to pay rent and other… Read More »
How Could an Accidental Omission from My Bankruptcy Petition Affect My Ability to Obtain a Discharge?
A Chapter 7 bankruptcy can give you a fresh start free of your current debts. But when seeking bankruptcy protection, it is critical that you are open and transparent with the court about your finances. If you attempt to hide income or assets, the judge can deny you a discharge of your debts–meaning you… Read More »
How the Covid-19 Response May Affect Your Student Loan Obligations
Even under normal circumstances, many Florida residents struggle to repay their student loan debt. And as we all know, we are not living in normal circumstances. The rapid spread of the Covid-19 disease throughout the United States–and the accompanying economic shutdown designed to mitigate its impact–has already devastated the livelihoods of millions of workers… Read More »