If you follow the procedures correctly and answer all of the court’s questions truthfully, your chances of discharging your eligible debts in a Chapter 7 bankruptcy filing are high. Depending on your overall financial situation, it might even be able to discharge your eligible debts without liquidating any of your assets. Filing for Chapter 7…

If you struggle with debt, filing for Chapter 7 bankruptcy may be an option. However, making the decision to declare bankruptcy can be challenging, considering that there are certain assets you could lose after filing. To help you make an informed decision, you need to understand which assets are protected and which assets you could…

Filing for Chapter 7 bankruptcy is not a decision that should be taken lightly. Filing for bankruptcy always requires careful consideration. Many people who want to get rid of their debts through bankruptcy do not know what to expect after the filing. Our Oakland Chapter 7 bankruptcy attorney at the Law Offices of Melanie Tavare can guide…

Nobody is ever truly prepared for financial difficulties. Often, filing for bankruptcy might be the right solution for you to get a fresh start. However, many people might think that filing for bankruptcy means losing everything they own. That is not true. Bankruptcy law provides debtors with legal exemptions that protect certain assets from being…

In the recent circuit court case of Homaidan v. Sallie Mae, Inc., a federal circuit court held that a ruling by a New York bankruptcy court that private loans to pay for college education are not exempt from being discharged under the Bankruptcy Code’s Section 523. This section of the Bankruptcy Code excludes from discharge…

In what could likely end up an influential ruling, a Delaware court recently held that securing a “critical vendor” status in Chapter 11 commercial bankruptcy case ultimately offers no defense in situations where the vendor later faces legal action for the recovery of preferential payments that the debtor recoups shortly before bankruptcy. The Role of…

The bankruptcy process is available to both consumers as well as businesses that cannot pay their debts and want to find a way to regain control of financial obligations. Consumer bankruptcy often takes one of two forms. Chapter 7 bankruptcy involves the liquidation of a person’s non-exempt assets into funds that are used to pay…

People who file for Chapter 7 bankruptcy must meet certain income qualifications. In most  cases, debtors who fail to meet income requirements do not qualify for Chapter 7. People with higher income levels often must pursue a repayment plan under Chapter 13 to take control of debt. People who are currently unemployed or who have…

Many people look at marriage as one of the momentous events in their life. If you or your fiancee is struggling with debt and debating whether to file bankruptcy, however, your situation can easily turn into a confusing one. You might even be wondering whether it is a good idea to file for bankruptcy or…

An automatic stay is one of the critical parts of filing bankruptcy. The stay stops most collection efforts against a debtor as soon as that individual files for bankruptcy. These orders exist without the need for a court order. To give you a better idea of the role that the automatic stay plays in a…