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When Should I Stop Using My Credit Card Before Bankruptcy?

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 Individually vs. Jointly: The Advantages and Disadvantages

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…

Pitfalls to Avoid When Filing for Bankruptcy

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…

Can I Keep My Car When I File for Bankruptcy in California?

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…

Delaware Court Considers Rejection of Executory Contracts by Debtors During Bankruptcy

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…

Third Circuit Decides Bankruptcy Case Addressing Sovereign Immunity

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…

Third Circuit Issues Notice of Publication Decision in Bankruptcy Case

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…

The Ninth Circuit Considers Permissible Non-Debtor Releases

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…

Supreme Court Issues Decision Addressing Retention of Debtor Property

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,…

Should I File for Bankruptcy During the Pandemic or Wait?

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…

"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."

Sandhya.

"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."

Carrie.

"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."

Marwin.

"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."

Ryan.