Author Archives: Jay Butchko
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 »
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 »