Should I File for Bankruptcy During the Pandemic or Wait?

Admin on November 30, 2020 Posted in Blog, Chapter 7 Bankruptcy

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 […]

Can I File for Bankruptcy if I am Unemployed?

Admin on November 15, 2020 Posted in Blog, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy

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 […]

What Assets are Exempt in California Chapter 7 Bankruptcies?

Admin on March 15, 2020 Posted in Bankruptcy Law, Blog, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy

Individuals in California who file for bankruptcy are often given a second chance at building a strong credit record. This does not come without a compromise, though. When Chapter 7 bankruptcy is involved, a person must often hand over a substantial amount of their estate in the process. A bankruptcy trustee then manages the estate […]

Understanding the Chapter 7 Bankruptcy Means Test

Admin on March 15, 2019 Posted in Blog, Chapter 7 Bankruptcy

While many people have heard of the bankruptcy “means test,” they are uncertain about what exactly this test includes. The means test is used to determine if a person’s income is low enough to qualify to file for Chapter 7 bankruptcy. The purpose of this test is to block individuals with higher salaries from filing […]

IRAs and Bankruptcy

Admin on November 19, 2018 Posted in Bankruptcy Law, Blog, Chapter 7 Bankruptcy, General Bankruptcy

When a client walks into the Bay area law offices of Melanie Tavare to discuss debt relief matters, one question that is often at the forefront of the client’s mind is asset protection. The client wants to know whether his or her assets will be protected during a bankruptcy. Often, the client will have worked […]

Reaffirmation Agreement

Admin on November 17, 2017 Posted in Bankruptcy Law, Blog, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy

There are features of Chapter 7 bankruptcy and Chapter 13 bankruptcy that are similar and some that are quite different. A significant similarity is the automatic stay under Section 362 of the United States Bankruptcy Code, or Code, wherein a bankruptcy filing stays, or stops, creditors from taking collection action against the debtor. When this […]

Divorce and Bankruptcy

Admin on October 26, 2017 Posted in Blog, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy

Financial stress can take a toll on relationships. Those in the Bay area may remember a time when, typically, the husband worked a 9-5 job while the wife stayed at home and took care of the children and the house. They would go on family outings on weekends year round. Women who worked often provided […]

Items of Personalty

Admin on August 31, 2017 Posted in Blog, Chapter 7 Bankruptcy

People fall deep into debt for many reasons. It could be due to a loss of income, miscalculating future income, improper spending habits, or major life event. To provide a fresh start, the founding fathers created the bankruptcy clause in the Constitution. The bankruptcy concept was further developed over the years to include various chapters […]