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Bankruptcy Law

How to Divorce Your Ex-Spouse’s Debt

Everyone has the right to file for bankruptcy protection, according to federal law. Regardless of your age, your marital status, and whether you are employed, you have the right to ask the bankruptcy court to discharge your eligible debts that you cannot pay.  People who file for bankruptcy come from all walks of life, but…

How California Law Protects Consumers From Debt Collection Lawsuits

Yes, California is expensive, but it offers better financial protection for consumers than most other states do. California’s state minimum wage is one of the highest in the country; as of 2024, only Washington state and Washington, D.C. have higher minimum wages. In some cities in California, the minimum wage is even higher.  The paid…

Can You Qualify for a Home Mortgage After Filing for Bankruptcy?

Even though some shady credit repair services might try to convince you otherwise, a bankruptcy filing does not cast a dark shadow over your creditworthiness for the rest of your life. All the restrictions that bankruptcy imposes on your financial choices eventually go away, at least in theory.  The bankruptcy filing eventually disappears from your…

Which Documents Do You Need for a Chapter 7 Bankruptcy Filing?

Family law attorneys advertise Divorce Monday, the first business Monday of the year, when unhappily married people act on their New Year’s resolutions and file for divorce from their spouses; the courts receive more divorce filings on Divorce Monday than on any other day of the year. Although bankruptcy lawyers do not advertise Bankruptcy Monday,…

Denial of Discharge in Chapter 7 Bankruptcy Cases

If you follow the procedures correctly and answer all of the court’s questions truthfully, your chances of discharging your eligible debts in a Chapter 7 bankruptcy filing are high. Depending on your overall financial situation, it might even be able to discharge your eligible debts without liquidating any of your assets. Filing for Chapter 7…

Six Assets You Could Lose if You File for Chapter 7 Bankruptcy

If you struggle with debt, filing for Chapter 7 bankruptcy may be an option. However, making the decision to declare bankruptcy can be challenging, considering that there are certain assets you could lose after filing. To help you make an informed decision, you need to understand which assets are protected and which assets you could…

Six Things to Expect After Filing Chapter 7 Bankruptcy

Filing for Chapter 7 bankruptcy is not a decision that should be taken lightly. Filing for bankruptcy always requires careful consideration. Many people who want to get rid of their debts through bankruptcy do not know what to expect after the filing. Our Oakland Chapter 7 bankruptcy attorney at the Law Offices of Melanie Tavare can guide…

Which Assets Can I Keep if I File for Bankruptcy Under Chapter 7?

Nobody is ever truly prepared for financial difficulties. Often, filing for bankruptcy might be the right solution for you to get a fresh start. However, many people might think that filing for bankruptcy means losing everything they own. That is not true. Bankruptcy law provides debtors with legal exemptions that protect certain assets from being…

Federal Circuit Court Rules Some Student Loans Can be Discharged in Bankruptcy

In the recent circuit court case of Homaidan v. Sallie Mae, Inc., a federal circuit court held that a ruling by a New York bankruptcy court that private loans to pay for college education are not exempt from being discharged under the Bankruptcy Code’s Section 523. This section of the Bankruptcy Code excludes from discharge…

Bankruptcy Court Finds “Critical Vendor” Label Provides No Insulation from Preference Claims

In what could likely end up an influential ruling, a Delaware court recently held that securing a “critical vendor” status in Chapter 11 commercial bankruptcy case ultimately offers no defense in situations where the vendor later faces legal action for the recovery of preferential payments that the debtor recoups shortly before bankruptcy. The Role of…

"Melanie is the best she very responsive and helpful throughout the process everything was taken care of smoothly. If you are thinking of going through bankruptcy she is the best attorney for you. I will forever be grateful having the chance to work with her. She is very honest too."

Sandhya.

"I can't thank Melanie enough for helping me through a challenging process and doing so with incredible knowledge, professionalism and tenacity! She went to great lengths to keep me informed, she responded quickly to my questions, and communicated in terms that I could understand. I highly recommend getting in touch with Melanie should you have the need."

Carrie.

"Choosing to work with Atty. Melanie has been one of the best decisions I've ever made. She was a very patient professional to work with and attentive while providing valuable solutions to all of my concerns. If you are searching for of an Attorney who is knowledgeable, transparent, and diligent - well that's Atty. Melanie."

Marwin.

"What I liked about working with Melanie was how prompt and easy to work with she was. She made the process clear and understandable with as little stress as possible. I would work with her again and recommend her to others."

Ryan.