Latest Legal Insights for Bay Area Residents

A common concern that debtors who file for bankruptcy have is whether they will lose their assets. Many people know that bankruptcy allows a debtor to eliminate much of their debt, but are unsure about exactly how bankruptcy will affect their house, car, retirement plan, or other important assets. Frequent questions debtors ask when considering…

If a person who files for bankruptcy has made payments or transfers to a creditor within a certain period of time prior to the filing, the Bankruptcy Trustee may be able to invalidate the transfer and recover the money. These types of transfers are called preferential transfers. For many people who file for bankruptcy, preferential…

Oakland Bankruptcy Court Attorney Feel Confident Going To Court With The Right Attorney At the Law Offices of Melanie Tavare, we understand that any legal proceeding can be stressful. Having to appear in front of a judge can be overwhelming, but having an experienced attorney who knows the local court culture goes a long way…

Oakland Meeting of Creditors Send An Experienced Attorney To Court With You Appearing in front of the Bankruptcy Court can be a daunting experience and that is why it is important you have a knowledgeable bankruptcy attorney representing you through your bankruptcy process. Bankruptcy lawyer Melanie Tavare has worked on thousands of bankruptcy cases and…

To file for Chapter 7 bankruptcy, you must fall within certain income guidelines. In California, you must earn less than the median state income for a household of your size. This is a key component to qualifying for Chapter 7, which may allow you to discharge certain debts. Filing for bankruptcy can provide a great…

For those without legal training, understanding the court system in the United States can be difficult. There are both state courts and federal courts, and each court system is comprised of many different levels of courts. Although bankruptcy filings are dealt with entirely in federal courts, the bankruptcy court system has several aspects that are…

Unlike Chapter 7 Bankruptcy, which liquidates most of a debtor’s assets in a relatively short period of time, Chapter 13 Bankruptcy allows a debtor to keep many of their assets if they are able to make payments on their debt over a period of time. This is called the Chapter 13 Payment Plan, and there…

Using the Wildcard Exemption in Your Chapter 7 Bankruptcy A Chapter 7 Bankruptcy is sometimes called a “liquidation bankruptcy.” This is because Chapter 7 Bankruptcy liquidates all of a debtor’s nonexempt assets in order to pay as much of their debts as possible. However, this term can be somewhat misleading in that not all of…

Consumer Debts vs Non-Consumer Debts There are many different types of debts in bankruptcy. Often the difference between whether a debt is secured or unsecured can be the difference between whether a person is able to get rid of that debt in bankruptcy. Another distinction which is particularly important in Chapter 7 Bankruptcy is the…

For most people who are not bankruptcy lawyers, bankruptcy is an unknown, complicated process filled with technical jargon and legal rules. Understanding some of the terms used in bankruptcy can make the process less intimidating. This post addresses important terminology surrounding some of the documents that are at the core of the bankruptcy process –…