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 […]

Debi Thomas

Admin on October 23, 2018 Posted in Blog, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy

San Jose native Debi Thomas has an impressive resume. She was a pre-med and engineering student at Stanford University; she is a graduate of Northwestern Medical School; she was a trained orthopedic surgeon; she was an Olympic champion and bronze medal winner at the 1988 Winter Games in Calgary; she became the first African-American woman […]

Reaffirmation Agreement

Admin on November 17, 2017 Posted in Bankruptcy Law, Blog, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy

There are features of Chapter 7 bankruptcy and Chapter 13 bankruptcy that are similar and some that are quite different. A significant similarity is the automatic stay under Section 362 of the United States Bankruptcy Code, or Code, wherein a bankruptcy filing stays, or stops, creditors from taking collection action against the debtor. When this […]

Divorce and Bankruptcy

Admin on October 26, 2017 Posted in Blog, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy

Financial stress can take a toll on relationships. Those in the Bay area may remember a time when, typically, the husband worked a 9-5 job while the wife stayed at home and took care of the children and the house. They would go on family outings on weekends year round. Women who worked often provided […]

Items of Personalty

Admin on August 31, 2017 Posted in Blog, Chapter 7 Bankruptcy

People fall deep into debt for many reasons. It could be due to a loss of income, miscalculating future income, improper spending habits, or major life event. To provide a fresh start, the founding fathers created the bankruptcy clause in the Constitution. The bankruptcy concept was further developed over the years to include various chapters […]

Property of the Estate

Admin on December 2, 2016 Posted in Blog, Chapter 7 Bankruptcy

When a debtor files for bankruptcy, he or she creates a “bankruptcy estate.” In broad terms, this estate is composed of any legal or equitable interest of the debtor in property as of the commencement of the case.  To note, the legislative history indicates that a bankruptcy filing “bring anything of value that the debtors […]

Right of Redemption in Chapter 7

Admin on September 10, 2016 Posted in Chapter 7 Bankruptcy

The U.S. Bankruptcy Code allows individual chapter 7 debtors to redeem certain tangible personal property, when such property is intended primarily for personal, family or household use, by paying the secured creditor the allowed amount of the secured claim. Congress created the right of redemption “to protect debtors against ill-advised reaffirmations and the high replacement […]

Chapter 7 Applicability

Admin on August 26, 2016 Posted in Bankruptcy Law, Chapter 7 Bankruptcy

Chapter 7 of the U.S. Bankruptcy Code provides a liquidation process for consumer debtors. It accomplishes the twin objectives of bankruptcy, providing a fresh start to the “honest but unfortunate debtor” and ensuring an equitable and ratable distribution of assets to creditors. A chapter 7 debtor enters bankruptcy with an unmanageable debt load and insufficient […]

Oakland Bankruptcy Attorney Can Explain Property Exemptions

Admin on May 26, 2016 Posted in Bankruptcy Law, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy

One of the factors to consider when learning about which bankruptcy process may be right for you and your family is the type of assets you possess and whether they are considered exempt or nonexempt under the law. Your California bankruptcy attorney can examine your assets and help you determine how to proceed.   Chapter […]

When Credit Card Debts Aren’t Dischargeable in Bankruptcy

Admin on May 13, 2016 Posted in Bankruptcy Law, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, General Bankruptcy

In addition to medical bills, one of the leading causes of bankruptcy in the United States is too much consumer debt, largely from credit cards. Chapter 7 bankruptcy in particular can be extremely appealing to those with lots of credit card debt as it promises to completely discharge all credit card debt (no matter how […]