Author Archives: Jay Butchko
Can “Uncivil” Text Messages Justify a Domestic Violence Injunction?
A domestic violence injunction is supposed to protect someone from the threat of imminent harm. It is not a weapon to be wielded because there was a disagreement or someone made a rash statement. A person may be falsely accused of domestic violence based solely on the accuser’s subjective belief that he or she… Read More »
Can the State Harass Me Over Child Support Payments After a Chapter 13 Bankruptcy?
Filing for bankruptcy automatically stops—or stays—most efforts to collect debts that you owe pending resolution of your case. But there are several exception to this automatic stay rule. For example, a bankruptcy petition will not stop efforts to collect or enforce child support payments. In fact, since any property that you acquire after filing… Read More »
Even Florida Sex Crimes Must Be Proved “Beyond a Reasonable Doubt”
Sex crimes are a serious matter in Florida. Even something as simple as the uninvited touching of another person can brand a person as a felon and a sex offender for life. That is why it is important to take any Florida sex crimes charge seriously and to zealously assert your right to due… Read More »
Can My Mortgage Lender Continue to Harass Me After Bankruptcy?
Bankruptcy is designed to provide a “fresh start” to Florida residents who are drowning in debt. After completing the Chapter 7 bankruptcy process, for example, the court typically issues a discharge that prevents a person’s creditors from taking any further efforts to collect an outstanding debt. But some creditors may ignore or otherwise attempt… Read More »
What the Supreme Court’s Latest Decision Means for People Accused of Domestic Violence
A domestic violence charge can have a long-lasting impact on someone who has been falsely accused of hurting a spouse, domestic partner, or family member. In their zeal to protect genuine victims of abuse, federal and state legislators have passed a number of laws designed to take away basic civil liberties from individuals convicted… Read More »
Will I Go to Jail If I Don’t Pay My Creditors?
One of the reasons that the United States developed bankruptcy laws was to end the practice of throwing debtors in jail. Once prevalent in England and its colonies, debtors’ prisons were effectively eliminated in the U.S. by the 1830s. This means that under ordinary circumstances, a person cannot be sent to prison simply because… Read More »
Florida Supreme Court Strikes Down Mandatory Life Sentences for Teenage Offenders
Most juvenile crimes in Florida are handled outside of the normal court system. This affords teenagers charged with an offense the opportunity for rehabilitation. But in severe cases such as murder, even a teenager can be tried, convicted, and sentenced as an adult. In recent years, this has led the U.S. and Florida supreme… Read More »
Can Debt Collectors Use Bankruptcy to Collect Older Debts?
In a Chapter 13 bankruptcy, a debtor agrees to pay back some of his or her debts under a plan approved by the bankruptcy trustee and the court. This plan assumes the debts are valid. But in recent years, third-party debt collectors have aggressively used the bankruptcy code to try and receive payment for… Read More »
The Consequences of a False Domestic Violence Charge
Domestic violence laws exist to protect individuals from physical abuse by a spouse or partner. Unfortunately, many people use domestic violence laws to commit what amounts to court-ordered abuse against their ex-partner. Men are frequently the victims of this type of attack, as some women choose to make false domestic violence allegations in order… Read More »
Can Bankruptcy Eliminate My Tax Debt?
Bankruptcy allows debtors to reorganize or discharge most of their debts. For many unsecured debts, like credit card bills, a Chapter 7 bankruptcy can wipe out the debt entirely. But not all debts are treated the same under the Bankruptcy Code. For example, while you may be able to discharge some tax debt through… Read More »