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Latest Legal Insights for Bay Area Residents
Stay informed with expert analysis on bankruptcy law, debt relief options, and financial
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Automatic Stay Protection
If you are behind on your car payment or mortgage payments and need some time to get your finances in order, bankruptcy’s automatic stay protections may be able to help you. The automatic stay is one of the benefits that those who file for Chapter 7 and Chapter 13 Bankruptcy receive. Although it does not…
Qualifying for Bankruptcy
If you are considering filing for bankruptcy, you may be wondering whether you qualify for Chapter 7 Bankruptcy or Chapter 13 Bankruptcy. Not everyone is eligible for bankruptcy. For example, there are certain income restrictions on who can file for a Chapter 7 Bankruptcy. Many of these restrictions can be complex and depend on where…
Protecting Your Assets
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…
Preferential Transfers in Oakland Bankruptcies
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…
Bankruptcy Court
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…
Meeting of Creditors
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…
Bankruptcy Means Test Median Income Figures Changed
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…
Supreme Court Holds that Exempt Assets Stay That Way, Even After Fraud
On March 4, 2014, Justice Antonin Scalia delivered the Supreme Court’s opinion in Law v. Siegel, originally a bankruptcy case from the Central District of California. The Supreme Court’s decision unanimously reversed the decision of the Ninth Circuit Court of Appeals. This case is particularly interesting because it involves issues of fraud and property exemptions…
Bankruptcy Basics – Understanding the Bankruptcy Courts
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…
3-Year vs. 5-Year Payment Plan – Which Should I choose in Chapter 13 Bankruptcy
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…
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