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…

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…

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…

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…

The U.S. Bankruptcy Court’s website emphasizes the point that the bankruptcy process is a way for the “honest” debtor to get out of debt. To that end, the United States Bankruptcy Code, or the Code, establishes parameters for what type of debt is dischargeable in bankruptcy. Section 523(a) of the Code specifically cites certain debts…

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…

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…

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…

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…

A recent report finds that the number of seniors aged 61 to 74 filing for bankruptcy has tripled over the last several years. The report states that this is a dangerous trend and that the rising costs of healthcare play a significant role in the bankruptcy uptick. These statistics may also be suggesting a greater…