Author Archives: Jay Butchko
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 »
How Drunk Driving Can Lead to 24 Years In Prison
Any drunk driving charge is a serious matter. But when an alleged DUI involves serious bodily injury or death to another person, Florida automatically elevates the charge to a felony. Indeed, a DUI that results in the “death of any human being or unborn child” is considered manslaughter, a second-degree felony. The minimum prison… Read More »
FTC, Florida Officials Shut Down Purported Student Loan Debt Relief Scam
Student loan debt is out of control in Florida and throughout the country. According to Forbes, there are more than $1.3 trillion in outstanding student loans in the United States. For a college student who graduated in 2016, their average loan debt is over $37,000. About 11 percent of student loan borrowers end up… Read More »
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 »