Author Archives: Jay Butchko
Florida Clarifies Rights of Mortgage Holders in Bankruptcy
Although filing for Chapter 7 bankruptcy can eliminate most of your unsecured debts, it does not get you off the hook for any debts secured by property, such as your home mortgage. While filing for bankruptcy can delay a foreclosure, it cannot ultimately prevent the bank from taking your house if you are unable… Read More »
When Does Sexual Harassment Become a Crime in Florida?
The #MeToo movement, which gained prominence following a series of media reports last year about sexual harassment and misconduct in several high-profile workplaces, notably the entertainment industry, has created a clamor for new criminal laws to protect women and other victims from future abuses. Recently, Florida senators considered a proposal to criminalize sexual harassment… Read More »
What Is a Chapter 13 Confirmation Hearing?
In a Chapter 13 bankruptcy case, a debtor is required to submit a repayment plan to the court. But submitting the plan is only the first step. The debtor’s creditors, as well as the trustee overseeing the bankruptcy estate, have the right to review the proposed plan and note any exceptions or objections with… Read More »
The Importance of the Right to a Jury Trial in Domestic Violence Cases
If you are charged with a criminal offense arising from alleged acts of domestic violence, you have certain constitutional rights the courts must respect, such as the right to a jury trial. This may seem obvious enough. But keep in mind, a jury trial means the jury must hear and decide–beyond a reasonable doubt–that… Read More »
How Will Bankruptcy Affect My Credit Report?
A common question many people have about the bankruptcy process is the effect it will have on their credit report. The Bankruptcy Court itself has nothing to do with credit reports, which are maintained by private agencies. But federal law still governs how long these agencies can maintain a public record of your bankruptcy,… Read More »
Florida Supreme Court Says Victims of False Domestic Violence Claims Can Seek Attorney’s Fees
A false charge of domestic violence can have a devastating impact on the accused and their entire family. Domestic violence laws serve an important social function. Yet like any law they are susceptible to abuse. False domestic violence charges are often employed as a weapon to gain the upper hand in divorce or child… Read More »
New Chapter 13 Bankruptcy Rules In Effect
Bankruptcy is a complicated process. Many Florida residents think they can manage a Chapter 13 bankruptcy on their own. But there are a number of rules and forms involved, and if a debtor is not careful, they can sabotage their case right out of the gate. How New Amendments Help Creditors The Supreme Court… Read More »
Florida Prosecutors Cracking Down on Gun Rights of Domestic Violence Defendants
A domestic violence order can affect your basic civil rights. For example, Florida law states that a person under a final “injunction committing acts of domestic violence, stalking, or cyberstalking” may not possess a firearm. Violation of this firearms ban is separately punishable as a first-degree misdemeanor. Similarly a person convicted of any felony–including… Read More »
Is Cyberstalking a Crime in Florida?
Stalking allegations are common in Florida domestic violence cases. Stalking refers to any pattern of harassment or unwanted attention designed to provoke fear in the victim. These days, stalking not only includes actions that take place in the physical world but also via the Internet. In fact, Florida’s criminal stalking laws expressly define a… Read More »
Do I Still Have to Pay Alimony If I File for Bankruptcy?
In filing for Chapter 7 or Chapter 13 bankruptcy, you need to be mindful that certain categories of debt cannot be discharged. For example, if you are divorced and the court ordered you to pay spousal or child support, you cannot escape these obligations through the bankruptcy courts. To the contrary, the federal bankruptcy… Read More »