What Not to do When Considering Filing for Bankruptcy

Admin on March 29, 2019 Posted in Bankruptcy Law, Blog, General Bankruptcy

If you have overwhelming debts and are experiencing constant harassment from bill collectors, it is understandable that you would want to seek relief in filing for bankruptcy. Before entering this process, however, it is critical to ask yourself if you are actually ready to file for bankruptcy or if it might be a better idea […]

Sears Files Chapter 11

Admin on January 15, 2019 Posted in Bankruptcy Law, Blog

Corporate bankruptcies are somewhat misunderstood. While Chapter 11 bankruptcy is called a reorganization, the idea that a business will emerge from bankruptcy stronger is not as simple as just filing for bankruptcy. Instead, there are other relevant factors required that will allow a bankruptcy to rehabilitate a business. Sears Currently, the once-mighty Sears Holdings is […]

Wasting Assets

Admin on January 10, 2019 Posted in Bankruptcy Law, Blog

When a business faces bankruptcy, questions arise regarding how to handle wasting assets. In general, a business may operate per its regular course of business while being overseen by a Bankruptcy Court. That is to say, a business generally need not motion the Court to approve an action when that action fits in the parameters […]

Chapter 11 Negotiation

Admin on January 5, 2019 Posted in Bankruptcy Law, Blog

Chapter 11 bankruptcy is a negotiation. As a result, it is imperative to consider strategies that keep your business alive during and after bankruptcy. Languishing in negotiation for a prolonged period of time can result in the liquidation, not reorganization, of a business. Chapter 11 Discharge In general, the goal of a bankruptcy is to […]

DIP Financing

Admin on December 31, 2018 Posted in Bankruptcy Law, Blog

The United States Bankruptcy Code, or the Code, provides a variety of chapters wherein a distressed debtor can file. Debtors are afforded a filing pursuant to Chapters 7, 9, 11, 12, 13, and 15 and there is a proposed Chapter 17. There are also differences depending on whether the petition is being filed by an […]

Criminal Investigation and Bankruptcy

Admin on December 19, 2018 Posted in Bankruptcy Law, Blog

A potential client calls a bankruptcy lawyer to set up and initial consultation. The lawyer’s receptionist tells the client the he can meet with the lawyer and provides a date for a meeting. The receptionist tells the client to compile a list of all creditors and amounts owed to those creditors. The receptionist also tells […]

IRAs and Bankruptcy

Admin on November 19, 2018 Posted in Bankruptcy Law, Blog, Chapter 7 Bankruptcy, General Bankruptcy

When a client walks into the Bay area law offices of Melanie Tavare to discuss debt relief matters, one question that is often at the forefront of the client’s mind is asset protection. The client wants to know whether his or her assets will be protected during a bankruptcy. Often, the client will have worked […]

Chapter 9 Bankruptcy

Admin on November 13, 2018 Posted in Bankruptcy Law, Blog

Over the past several years, especially since the financial crisis, there has been considerable discussion about municipal bankruptcies and their effects. The most notable recent municipal bankruptcy was Detroit’s due to its large size and longstanding reliance on the auto industry. When conducting a bankruptcy that is applicable to a municipality, such a bankruptcy falls […]

Involuntary Bankruptcy

Admin on November 8, 2018 Posted in Bankruptcy Law, Blog

Individuals facing debt concerns will likely face creditors demanding payment. It may be credit card companies calling debtors and letting them know that if they do not remit payment soon then the credit card company will start the collections process against them. It may be a third party debt collector collecting amounts owed to a […]

Obamacare and Bankruptcy Filings

Admin on April 18, 2018 Posted in Bankruptcy Law, Blog

The Affordable Care Act, better known as Obamacare, sparked and continues to spark debate. Its controversial passing and subsequent legal action triggered conversations between scholars and laymen alike. One fact about Obamacare is that it tracks a downward push of bankruptcy filings. The question becomes whether Obamacare is causal with respect to the slide in […]