Filing for bankruptcy is a difficult decision and one that should not be taken lightly. But if you have already made the decision to file, there are certain things you should and shouldn’t do before filing to ensure the best possible outcome. One of these things is understanding when to stop using your credit cards…

Filing for bankruptcy is an important decision to make, and it can be further complicated when you are married and considering filing jointly. In general, filing for bankruptcy jointly with your spouse can provide some advantages, but it also has its disadvantages. The decision to file for bankruptcy individually vs. jointly depends on the amount…

Filing for bankruptcy is a difficult and overwhelming decision to make. As you work through the process of filing, it is important to know what mistakes you should avoid. If you want to seek debt relief, contact a Bay Area bankruptcy attorney at the Law Offices of Melanie Tavare for legal advice. Melanie Tavare will help you…

Filing for bankruptcy is a difficult decision to make, and it can feel like there are more questions than answers. One of the biggest concerns many people have when filing for bankruptcy is losing their car. So, can individuals who file for bankruptcy in California keep their car? According to Debt.org, California has the highest number…

If a debtor declines a contract in a bankruptcy case, the non debtor can be impacted in several ways. In 2019, the Supreme Court heard the Mission Products case, which attempted to settle a split among circuit courts regarding the impact of rejecting a contract under the Bankruptcy Code’s Section 365.  This case required the…

Bankruptcy courts have long been overwhelmed with the question of how to apply sovereign immunity. The United States Supreme Court has issued some rulings about sovereign immunity, but has yet to write a definitive ruling about the issue. As a result, no definitive rulebook exists for how lower courts should interpret sovereign immunity issues. One…

One fundamental aspect of bankruptcy law is that debtors can receive new starts on establishing good credit after emerging from the bankruptcy process. A company’s capacity to discharge liabilities is one of the primary motivators for pursuing protection under Chapter 11 bankruptcy. Consequently, it should come as no surprise that ensuring necessary steps are taken…

Many reorganizations plan involve the release of non-debtor liability, but there are varied opinions about the role of these releases. While releases of non-debtor liability are attractive to parties like directors and officers, others argue that releasing non-debtor is against the intent of the Bankruptcy Code.  Due to these conflicting perspectives, a current split exists…

The Supreme Court of the United States recently examined whether a creditor is required to turn over property of a bankruptcy estate to a debtor or trustee under the Bankruptcy Code’s automatic stay provision if the creditor lawfully possessed the property before bankruptcy was initiated and only passively possessed the property afterward. In this case,…

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…