Author Archives: Jay Butchko
How Does a Domestic Violence Order Affect My Right to Own Firearms?
A domestic violence order can have a significant impact on your civil rights. If a Florida judge issues a final injunction against you in a domestic violence case, you can effectively lose your Second Amendment right to own firearms for personal protection. This is why it is important to defend yourself against false allegations… Read More »
When Are Credit Card Debts Unenforceable in a Chapter 13 Bankruptcy?
Many Florida residents file for Chapter 7 or Chapter 13 bankruptcy due to mounting credit card debt. But before you seek bankruptcy protection, you should know that depending on how old your credit card debt is, the lender may have no legal recourse against you. This is because credit card debt is subject to… Read More »
Can Florida Police Search Your Car’s “Black Box” Without a Warrant?
Most of us carry a smartphone everywhere. You may not realize it, but these portable computers track your every movement and activity. This data can prove useful to law enforcement looking for evidence of criminal activity. Which is why it is important for courts to define the boundaries of police searches of any device… Read More »
How Can I Discharge Student Loan Debt in Chapter 7 Bankruptcy?
Student loan debt is notoriously difficult to discharge in Chapter 7 bankruptcy. Unlike other kinds of unsecured loans, federal law grants special protections for most student loans. This means that even if you successfully complete the Chapter 7 process and receive a discharge from the bankruptcy court, your student loan obligations remain. Can a… Read More »
Can a Court Issue a Domestic Violence Order Based on Something That Happened Four Years Ago?
A domestic violence injunction can seriously affect a person’s constitutional and other civil rights. Florida’s domestic violence law is broadly written to afford a maximum relief from an abusive spouse or intimate partner. But in their zeal to protect apparent victims, some judges are too quick to issue an injunction without properly considering the… Read More »
Can I Get in Trouble If I Lie to My Creditors?
A Chapter 7 bankruptcy is designed to give a debtor a fresh start by discharging any outstanding debts, such as civil judgments obtained by creditors. But there are limits to what a bankruptcy court can and will discharge. For instance, federal law prohibits a debtor from discharging a debt obtained through “false pretenses, a… Read More »
What Happens When Video Evidence Contradicts an Officer’s Testimony in a DUI Case?
Many Florida police departments are now equipping their officers with body cameras. These devices record encounters between police and individuals, such as during a traffic stop where the officer suspects a DUI. In addition to promoting police accountability, evidence obtained from cameras can be useful in corroborating or disproving an officer’s testimony in court…. Read More »
What Happens If I Convert a Chapter 13 Bankruptcy to Chapter 7?
In a Chapter 13 bankruptcy, a debtor submits a payment plan to the court. This plan ensures the debtor’s disposable income is used to pay back his or creditors as much as possible. But what if circumstances change and the debtor no longer has sufficient income to fulfill the payment plan? In such cases… Read More »
What Happens When a Court Does Not Give a Defendant a “Speedy” Trial?
If you are charged with a felony or misdemeanor and awaiting trial, you understandably want your case resolved as quickly as possible. Indeed, the Sixth Amendment to the United States Constitution guarantees all criminal defendants the right to a “speedy” trial. But what exactly does “speedy” mean? Miami Man’s Conviction Reversed Due to Yearlong… Read More »
How Does a Divorce Settlement Affect a Chapter 13 Bankruptcy?
In a divorce, the parties reach an agreement on how to divide any property held or acquired by the marriage. Once approved by a Florida court, this agreement forms a binding contract. But what happens when one of the former spouses files for Chapter 13 bankruptcy? Does bankruptcy affect the other spouse’s rights under… Read More »