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Fremont, California Bankruptcy Attorney

Providing Dedicated Representation in Bankruptcy Proceedings in Fremont, Ca and Surrounding areas

Fremont– the fourth largest city in the Bay Area– is known as one of the most ethnically and culturally diverse cities to live in. Because of its central location, great schools, and diverse population, thousands of people call Fremont their home.

Unfortunately, both the cost of living here and the unemployment rate is higher than the national average. The high cost of living in the area–coupled with the housing crisis of 2009–has led more and more Fremont residents to fall behind on their mortgages. To make matters worse, rent prices have soared in the past couple of years, making it, often times, just as expensive as owning your own home.

If you live in Fremont and are having trouble making ends meet, know that you are not alone. By utilizing the federal bankruptcy code last year, millions of people were able to obtain instant relief from overwhelming amounts of debt. You too may be able to discharge thousands of dollars of debt and start over.

The Bankruptcy Process in Fremont, California

For individuals (and couples) considering filing for bankruptcy, the process can be intimidating. Many find themselves in this position after losing their job or becoming buried in debt for other reasons. At The Law Offices of Melanie Tavare, we provide you with one-on-one guidance through every step of the process and carefully explain your options, how the process works, and how you can move forward managing your debt.  We provide clients with the reassurance that they can move on with their lives.

Bankruptcy is designed to allow debtors to obtain relief from some of their debts and creditors to obtain payments. This is based on any assets or property that the debtor does not need. However, it is crucial that you work with an experienced attorney from the outset so that you can decide if the process is appropriate for your needs,, and if so, which types of bankruptcy makes the most sense for you. Sometimes an attorney can not only help you file, but help you find alternatives to filing, if that is better for you.

The first step in asking a court to grant you a bankruptcy is to file a petition for Chapter 7 or Chapter 13 bankruptcy. The petition lists creditors, who are then blocked from pursuing you for any debts until the court lifts the automatic stay it issues. However, this only provides protection for property you have equity in–for example–your own home–and not property that you are renting.

Once a debtor has filed a petition asking the court to grant a bankruptcy, the case is assigned to a bankruptcy trustee. The trustee will oversee the case and handle any issue that may arise throughout the proceedings. Often times the debtor does not even see the inside of a courtroom and deals directly with the trustee only–in fact, with most bankruptcy proceedings, you simply need to attend a meeting whereby you are asked some questions about your financial situation by the bankruptcy trustee and attending creditor(s).

Chapter 7 Bankruptcy

Chapter 7 is the most common type of bankruptcy filed for. It will discharge all of your debts but may also require that many of your assets be liquidated in order to satisfy your creditors. In other words, the court sells your assets in order to pay your creditors, and in doing so, clears most-all of your debts (based on what your assets are currently worth).

In order to file for Chapter 7 bankruptcy, a debtor must pass a test to see if they qualify. The Chapter 7 process is typically concluded within four to six months.

If your home has already been lost to foreclosure and you are unable to make your credit card payments, Chapter 7 might be right for you. Over the years, thousands of Fremont residents have taken advantage of the discharge in Chapter 7 to get out from underneath crushing debt.

As an experienced bankruptcy lawyer, Melanie Tavare can tell you in your first free consultation whether or not Chapter 7 bankruptcy is right for you. Once you know the facts, you can make the best decision regarding your financial future.

Chapter 13 Bankruptcy

If you have fallen behind on your mortgage payments but want to keep your home, a Chapter 13 bankruptcy may be the answer. In a Chapter 13 bankruptcy, you can catch up on your mortgage payments and still get rid of most, if not all, of your credit card and other unsecured debt.

This type of bankruptcy allows you to create a repayment plan over three to five years (as opposed to going through the liquidation process) so that you can keep your property and assets. Your monthly payment amount will be based on your current income. In order to file, you must also qualify first (based on what type of debt you owe).

Fremont bankruptcy lawyer, Melanie Tavare, has represented countless clients in Chapter 13 bankruptcy and can provide you with answers to all of your bankruptcy questions.

We Can Help

For years, Fremont bankruptcy lawyer Melanie Tavare has been helping Fremont residents start a new financial life free of debt. After your first free consultation with our firm, you will start to feel relief from the everyday stress that accompanies having debt on your shoulders. Whether your financial troubles stem from medical bills, job loss, or simply not being able to keep up with existing financial obligations given your wages, Attorney Melanie Tavare has the expertise and know how to get you out of debt and back on your feet.

Contact us Today to speak to an attorney.  Call us at 510 255 4646.  We offer free consultations and affordable fees.

Fremont Chapter 7 Bankruptcy Lawyer

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"Melanie is the best she very responsive and helpful throughout the process everything was taken care of smoothly. If you are thinking of going through bankruptcy she is the best attorney for you. I will forever be grateful having the chance to work with her. She is very honest too."


"I can't thank Melanie enough for helping me through a challenging process and doing so with incredible knowledge, professionalism and tenacity! She went to great lengths to keep me informed, she responded quickly to my questions, and communicated in terms that I could understand. I highly recommend getting in touch with Melanie should you have the need."


"Choosing to work with Atty. Melanie has been one of the best decisions I've ever made. She was a very patient professional to work with and attentive while providing valuable solutions to all of my concerns. If you are searching for of an Attorney who is knowledgeable, transparent, and diligent - well that's Atty. Melanie."


"What I liked about working with Melanie was how prompt and easy to work with she was. She made the process clear and understandable with as little stress as possible. I would work with her again and recommend her to others."