Author Archives: Jay Butchko
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 »
Are Tax Debts Dischargeable in a Chapter 7 Bankruptcy?
While a Chapter 7 bankruptcy is designed to give a debtor a “fresh start,” that does not necessarily mean that you can eliminate all of your outstanding debts. Congress exempts a number of categories of debt from discharge through bankruptcy. Not surprisingly, one such exemption covers tax debts owed to the government itself. According… Read More »
What Is a “Habitual Traffic Offender” Under Florida Law?
Traffic violations are not the type of offenses we often think of as serious crimes. But too many traffic violations can be a major problem. For example, under Florida law a person can be charged as a “habitual traffic offender”–a third-degree felony–if they have at least 15 convictions for “moving traffic offenses for which… Read More »
Do I Need to Disclose Pending Lawsuits on My Bankruptcy Petition?
In a Chapter 7 bankruptcy case, it is critical to disclose all of your assets to the court. This includes any potential legal claims you may have against other parties. For example, if you were in a car accident and sued the other driver for negligence prior to your bankruptcy filing, your personal injury… Read More »
Florida Supreme Court Says It Is “Reasonable” for Police to Detain, Question Passengers During Traffic Stops
Many criminal cases in Florida start with a traffic stop. An officer may initially intend to cite the driver for something like a broken taillight, only to discover there is evidence of some other crime, such as DUI or drug possession. But what about the passengers in the vehicle? Can the police detain or… Read More »
What Happens If I Flee an Accident Scene Where Someone Has Died?
Any drunk driving arrest is a serious matter in Florida. But when a DUI results in serious injury or death to another person, the consequences are especially severe. Florida classifies DUI manslaughter as a second-degree felony, and in some cases it can be elevated to a first-degree felony, which is punishable by up to… Read More »
What Happens If I Omit a Creditor from My Chapter 13 Bankruptcy Petition?
In any kind of bankruptcy case, it is critical to list all of your known debts on the appropriate schedules accompanying your Chapter 7 or Chapter 13 petition. As a matter of law, your creditors have the right to be notified of your bankruptcy case and to present a claim. If you omit a… Read More »
How Does Filing For Chapter 13 Affect a Foreclosure Proceeding Against Me?
Many Miami-area residents fall behind on their mortgage payments. If you are in this situation and are now facing foreclosure, filing for Chapter 13 bankruptcy may offer you a chance to keep your house. When you file for bankruptcy, the court issues an “automatic stay,” which prevents your creditors–including your mortgage lender–from taking any… Read More »
Can My Ex-Spouse Get a Domestic Violence Injunction Just by Asking for One?
A final judgment for protection in a Florida domestic violence case can be devastating for the defendant. Not only does a permanent injunction publicly tar you as an abuser–even if you never committed a violent act–it can affect your basic civil rights. Indeed, if you are an immigrant living in the U.S. you can… Read More »