Author Archives: Jay Butchko
Bankruptcy Appeals
Bankruptcy is a complex process that offers debt relief to individuals and businesses, but the decisions made during these proceedings can sometimes be contested. When a party involved in a bankruptcy case disagrees with a court’s ruling, they may have the option to file an appeal. Grounds for Bankruptcy Appeals An appeal in a… Read More »
The Bankruptcy Court System
The bankruptcy court system is a specialized branch of the federal judiciary tasked with handling bankruptcy cases. It operates under the United States Constitution and the Bankruptcy Code, ensuring that debtors receive a fresh start while treating creditors fairly. Structure of the Bankruptcy Court System Bankruptcy courts are distinct units within the federal court… Read More »
The U.S. Trustee Program in Bankruptcy
The U.S. Trustee Program (USTP) plays a crucial role in the administration of bankruptcy cases in the United States. Established by the Bankruptcy Reform Act of 1978, the USTP operates under the Department of Justice and aims to promote the efficiency and integrity of the bankruptcy system. The Role of the U.S. Trustee Program… Read More »
Can You File for Bankruptcy on Student Loans?
Student loan debt is a significant burden for many Americans, and the question of whether it can be discharged in bankruptcy is a common concern. While bankruptcy can provide relief from various types of debt, student loans are notoriously difficult to discharge. However, it is not impossible. The general rule is that student loans… Read More »
What Happens to My Retirement Accounts if I Declare Bankruptcy?
Declaring bankruptcy is a significant step that can provide relief from overwhelming debt, but it also raises many questions about your financial future. One common concern for individuals considering bankruptcy is the fate of their retirement accounts. When you file for bankruptcy, your assets and liabilities are scrutinized to determine how your debts will… Read More »
The Automatic Stay for Stopping Lawsuits in Their Tracks
The automatic stay in bankruptcy serves as a powerful shield for individuals overwhelmed by financial distress. This legal provision halts most creditors in their tracks, providing debtors with much-needed respite and a chance to reorganize their finances. At Wadhwani & Shanfeld, we recognize the significance of the automatic stay in the bankruptcy process and… Read More »
The Impact of Bankruptcy on Employment-Related Lawsuits
The decision to file for bankruptcy carries wide-ranging implications, extending into various facets of an individual’s life, including their employment. Knowing how bankruptcy affects employment-related lawsuits is important, particularly for those embroiled in them, whether as plaintiffs seeking redress for wrongful termination and discrimination or as defendants navigating claims against them. At Wadhwani &… Read More »
Bankruptcy and Personal Injury Lawsuits
Navigating the financial aftermath of a personal injury, whether you’re the plaintiff seeking compensation or the defendant facing a lawsuit, can be incredibly challenging. Adding bankruptcy into the mix complicates matters further, raising questions about the impact on ongoing or potential personal injury lawsuits. At Wadhwani & Shanfeld, we understand the complexities at this… Read More »
Lien Stripping in Bankruptcy: Removing Judgment Liens from Your Property
For many individuals facing financial distress, the burden of judgment liens attached to their property can feel like an insurmountable obstacle to regaining financial stability. Fortunately, bankruptcy offers a legal pathway known as “lien stripping” that can potentially remove these liens, providing much-needed relief. At Wadhwani & Shanfeld, we understand the complexities surrounding lien… Read More »
The Impact of Bankruptcy on Child Support and Alimony
In the midst of financial turmoil, filing for bankruptcy can seem like a beacon of hope for many struggling with overwhelming debt. However, for individuals with obligations such as child support and alimony, the intersection of bankruptcy law and family law presents a complex landscape. At Wadhwani & Shanfeld, we understand the nuances involved… Read More »