Filing for bankruptcy is an important decision to make, and it can be further complicated when you are married and considering filing jointly. In general, filing for bankruptcy jointly with your spouse can provide some advantages, but it also has its disadvantages. The decision to file for bankruptcy individually vs. jointly depends on the amount…

When it comes to filing for bankruptcy, the process can be daunting, especially when you do not understand how it works and have no idea what to expect in the coming days, weeks, and months. It is vital to have a thorough understanding of the filing process and know what happens after you file for…

Filing for bankruptcy is a difficult and overwhelming decision to make. As you work through the process of filing, it is important to know what mistakes you should avoid. If you want to seek debt relief, contact a Bay Area bankruptcy attorney at the Law Offices of Melanie Tavare for legal advice. Melanie Tavare will help you…

The decision to file for bankruptcy is an important one, especially for those struggling with debt. When done correctly, it can help you get a fresh financial start and free you from the burden of debt. However, there are certain rules and regulations that must be followed when filing for bankruptcy to ensure that you…

Filing for bankruptcy is a difficult decision, especially when student loan debt is involved. No one wants to take on a burden of debt that they cannot pay off, but understanding the implications of filing for bankruptcy with student loan debt can help you make an informed decision about your financial future. Consult with Melanie…

Recent decisions from the United States Court of Appeals for the Fifth Circuit and the corresponding lower bankruptcy courts have highlighted the Circuit’s expansive interpretation of the Bankruptcy Code’s Section 363(m), which guards bankruptcy sales. Hence, the sales are not subsequently overturned on appeal.  In a September opinion in the case of In re Royal, the District…

Countless Chapter 11 reorganization plans include provisions acknowledging the release of claims connected to stakeholders in bankruptcy cases. Excluded from this, however, are claims that allege various types of misconduct like bad faith, gross negligence, or fraud. These exculpatory statements are a valuable tool in motivating parties to play a role in bankruptcy cases without…

Bankruptcy courts throughout the country are in disagreement about whether “make-whole” premiums that become effective as a result of a bankruptcy petition should be refused as interest that is unmatured. Additionally, bankruptcy courts are in disagreement about whether the exception for “solvent-debtors” that requires the payment of interest after bankruptcy petition to unimpaired unsecured creditors survives following…

In February 2020, as one of several decisions concerning third-party releases (TPRs), a bankruptcy court judge confirmed a reorganization plan and its associated debtor entities which include third-party releases. As part of the plan’s confirmation, the judge noted recent decisions that introduced concerns involving a court’s authority in approving non-consensual (NC) TPRs but applied Third…

In January 2022, a Washington appellate court reaffirmed a regulation connected to real estate foreclosures and the statute of limitations following a discharge of bankruptcy. The regulation is that a bankruptcy court does not automatically raise the six-year statute of limitations associated with trust foreclosure. The outcome of this case is important because Washington state…