Bankruptcy Information

Many people have been misinformed about bankruptcy. Reviewing the following brief passages will help you to become better informed about the bankruptcy process.

Most people have at least some wrong information about bankruptcy. Irrational fears hold people back from utilizing this helpful process. By dispelling some of these widely held myths, an attorney can help you to determine whether bankruptcy is the right course for you. The initial consultation with a bankruptcy attorney is free. You owe it to yourself to call.
Myth X: Only deadbeats file bankruptcy.
Congress didn't create the bankruptcy laws to help bad guys. The laws are there to help people get out of problems honestly. When good people have serious financial problems, they owe it to themselves and their families to consider bankruptcy.
Myth IX: Filing bankruptcy will take too long.
The total time for a straight bankruptcy is approximately four months. However, the debtor receives the benefit of an automatic stay immediately after the petition is filed. The automatic stay means that creditors are generally not allowed to attempt to collect any debts from the debtor. The phone calls from creditors can end immediately.
Myth VIII: Bankruptcy will not help me because I owe taxes.
While it is true that some taxes will not be discharged, others can be. There are many rules which an attorney can explain to you.
Myth VII: Bankruptcy will not allow me to pay
the debts I want to pay.
Nobody will stop you from paying a debt you wish to pay. After your discharge, you can choose which debts to pay and which ones not to pay.
Myth VI: I can’t file bankruptcy because I own a home.

In California, the homestead exemption protects a certain amount of equity in a primary residence from creditors during bankruptcy, allowing individuals to retain their home up to a specified value. As of January 1, 2021, California’s homestead exemption is based on the median sale price of homes in the county where the property is located, with a minimum exemption range between minimum $300,000 and a maximum of $600,000. The median home price in Los Angeles County and Orange County exceeds $600.00. That means a homeowner can have up to $600,000 net equity in their residence and have it protected from creditors in a bankruptcy.
California offers two systems of exemptions for bankruptcy filers: System 1 and System 2, which provide different protection levels for assets, including the homestead. The homestead exemption is only available under System 1 (often referred to as the "704 exemptions"), commonly used when a homeowner wants to protect home equity specifically.
Choosing the correct exemption system and understanding the homestead limits can be complex, so consulting a bankruptcy attorney can help ensure you maximize protection and retain as much of your property as possible.
Myth V: If I file, I will lose my job.
In most cases, employers will not find out about the bankruptcy, unless you choose to tell them. Either way, employers are not allowed to fire someone (or take other adverse action) for filing bankruptcy
Myth IV: If I file, I will lose my Pension, IRA, or 401(k).
In California, these assets are generally exempt. You will keep your pension, IRA, and 401(k) in bankruptcy.
Myth III: If I file, I will never get credit again.
Although bankruptcy does negatively impact your credit, it is possible to rebuild your credit within months of filing bankruptcy. In many cases, clients report having an easier time obtaining credit after the bankruptcy freed them from so much debt. Also, keep in mind that the repeated negative hits from late or nonpayment of your debt will hurt your credit equally if not more in the long run.
Myth II: If I file, I will lose all my property.
Because of several exemptions built into the bankruptcy law, most people who file for bankruptcy protection do not lose any property at all. Those with substantial property can usually keep their property if they agree to pay back some of their debt.
Myth I: Bankruptcy is difficult.
While there are many rules in bankruptcy and the process may seem confusing, it is not so difficult that you should avoid the benefits bankruptcy can afford you. If you have competent lawyers representing you, the process should be straight forward for most consumers. Orange County attorney Rachelle Shakoori can help you navigate the process seamlessly.

Upon retaining an Orange County attorney from Shakoori Law Group, you can notify the bill collectors that you are represented by an attorney and ask them to contact the attorney for future communications.  Although that usually gets them to stop harassing you, they are still legally allowed to continue their collection efforts.  However, once the petition for bankruptcy is filed, the automatic stay goes into effect, and they are legally barred from contacting you.   So, although the bankruptcy is still ongoing the harassment and further collection efforts are stopped upon filing of the bankruptcy.  

Many people fear that, because a bankruptcy is referenced on their credit reports, the bankruptcy has a negative impact on one's ability to borrow. Obviously, a bankruptcy is not a positive mark on one's credit, but you have to consider your whole credit picture. By the time somebody files a bankruptcy, his or her credit report usually looks pretty bleak. The bankruptcy cleans up past problems and allows you to start building your credit again.

If you have income, it is often possible to get credit cards and car loans shortly after your discharge. It is even possible to get a home mortgage after as little as one year following a discharge. Many of these same people would not have been able to obtain this credit without getting rid of their old debt by filing for bankruptcy. For more information on how filing for bankruptcy may affect your credit contact our office and speak to our experienced bankruptcy attorneys.

The first thing we would recommend if you are considering bankruptcy is to call an attorney. However, there are some things can do before meeting with an attorney to prepare for the bankruptcy.

  1. Stop using your credit cards.
    If you borrow money with the intent of having the debt discharged, then the debt is not dischargeable. You should consult an attorney before incurring any additional debt.
  2. Don't make any large gifts of property transfers.
    Transferring property on the eve of bankruptcy can be considered a fraudulent conveyance, which could disqualify you for bankruptcy protection.
  3. Consider which debts to pay.
    Some debts (such as rent, utilities, care and mortgage payments) must be paid currently, but paying large sums to credit card accounts what will be discharged is likely a waste of money. Discuss with an attorney which debts you should pay.
  4. Assemble important documents.
    Put copies of documents that would be helpful in your bankruptcy into a folder or a box. Such documents would include copies of your current bills, a current paycheck stub and information on your property.
  5. Relax.
    You're not the first person who needs help with debt. Get ready for your fresh start so you can avoid mistakes you may have made in the past.

In light of the recent tough economy, many people are facing financial difficulty. You may be having difficulty paying for your credits cards, medical bills and other day to day expenses. You may be facing creditor harassment, lawsuits, garnishments, auto repossessions, and even foreclosures. Although, nobody likes to file for protection under bankruptcy laws, unfortunately real life circumstance sometime leaves people with no other option.

One thing about bankruptcy that confuses many consumers is the Chapters of the Bankruptcy Code from which one has to choose to file under. Although there are several possibilities, most consumers work with their attorneys to choose between only two choices - Chapter 7 and Chapter 13. Our Orange County and Riverside bankruptcy attorneys have represented hundreds of people in bankruptcy proceedings in most major courts in southern California. Call us today for a free consultation. (800) 578-0922.

BOTH A CHAPTER 7 AND CHAPTER 13 BANKRUPTCY WILL PUT A STOP TO ANY CREDITOR HARASSMENT, LAWSUIT, WAGE GARNISHMENT, OR FORECLOSURE.

Call Us Today!
Please contact us anytime! We look forward to hearing from you. We will give you a detailed analysis as to what will be your best option under the circumstances.

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One of the main concerns clients have when considering bankruptcy are the costs and fees associated with filing for bankruptcy.   Like any other area of law, filing for bankruptcy can vary from one debtor to another. This is why it is difficult to quote a uniform fee for all potential debtors. However, Orange County and Los Angeles, Riverside, San Bernardino County bankruptcy attorney Rachelle Shakoori with over 26 years of experience prides herself in providing clients with reasonable attorney’s fees and a flexible payment plan.   You can retain her law office for $200 retainer, which will allow you to refer any creditor calls to her law office.  The filing fee for a chapter 7 bankruptcy case is $338.00 and filing fee for chapter $13 is $313.00. 

Understanding the bankruptcy means test in California is essential. The Chapter 7 Statement of Your Monthly Income form is the basis for the California bankruptcy means test calculator. This tool will help estimate your qualification for bankruptcy and the associated costs.

Many people assume that the Chapter 7 bankruptcy means test requires that a person must be destitute to qualify for a Chapter 7 bankruptcy discharge. Contrary to popular perception, most middle class Americans are still eligible for Chapter 7 liquidation of their unsecured debts.

You may qualify for Chapter 7 bankruptcy in California if:

  1. Your current household income is lower than the median income for a family of the same size. A Chapter 7 bankruptcy may be filed in California if your income and family size meet the thresholds below (as of November 2024)
  • One Person: $74,007
  • Two Persons: $97,073
  • Three Persons: $109,312
  • Four Persons: $127,096

 

  1. Even If your household income is higher than the median income, you may still have a shot at qualifying! If your income exceeds these thresholds, eligibility for a Chapter 7 bankruptcy is determined by deducting certain specified monthly expenses from you monthly income, which is calculated by averaging your income over the six-month period preceding your Chapter 7 bankruptcy filing. The resulting income above your monthly expenses is considered your "disposable income." The higher your disposable income, the more likely the determination you must file a Chapter 13 bankruptcy because you have sufficient income to repay some of your unsecured debt.

The experienced Orange County, Los Angeles, San Bernardino and Riverside County bankruptcy attorney at Shakoori Law Group can help you qualify for a Chapter 7 bankruptcy by helping you think of expenses you may not have considered and maximizing the listed expenses. Counties and metropolitan regions have different allowed amounts for categories of expenses: basic necessities, housing, and transportation.

Usually when a debtor seeks bankruptcy relief, particularly Chapter 7 bankruptcy relief, a debtor is seeking to eliminate or reduce one's oppressive debt obligation as much as possible. Sometimes there may be critical assets that you wish to keep (usually a vehicle). A reaffirmation is an agreement to continue paying on a particular asset following a bankruptcy discharge. The creditor in turn agrees that as long as the installment payments are made that the creditor will not repossess the property. It can be very tempting to enter into a reaffirmation agreement to keep a useful asset such as a vehicle, but this is a decision that can have significant long-term consequences so you should seek legal advice from a qualified Southern California bankruptcy attorney before deciding to reaffirm any particular debt.

The issue of reaffirmation of a debt that is secured by collateral typically arises in the context of a motor vehicle or occasionally a business vehicle financed with a personal guarantee. Because most families' need daily access to a vehicle for personal or business use, many debtors will choose to reaffirm the debt. However, a person only gets one bite at the Chapter 7 bankruptcy apple. If you reaffirm a secured debt but are unable to make the payments, the vehicle can be repossessed. Unless a very sizeable down payment was made, a financed vehicle will typically be worth less than is owed, and the creditor may sue you for the difference between the value of the vehicle and the amount owed ("deficiency judgement").

Another consideration in signing a reaffirmation agreement is whether the negative equity in the vehicle makes it advisable to reaffirm the obligation. In most situations, an asset like a motor vehicle will be worth less than is owed if it is financed. If the vehicle is worth significantly less than is owed on the vehicle, it may not make economic sense to reaffirm the obligation. The bankruptcy trustee will also look closely at a proposed reaffirmation to determine that it does not create an unreasonable financial burden on the debtor and his family and to verify that it is a fair transaction. It is very important to carefully consider any proposed reaffirmation. The experienced bankruptcy attorneys at Shakoori Law Group will advise you of your rights as well as the benefits and disadvantages of a proposed reaffirmation so that you can make an informed decision.

The Shakoori Law Office is conveniently located in Santa Ana, California and assists clients throughout Southern California including but not limited to the following: Santa Ana, Tustin, Fullerton, Orange, Anaheim, Irvine, Newport Beach, Costa Mesa, Fountain Valley, Huntington Beach, Westminster, Garden Grove, Orange, Buena Park, Placentia, Yorba Linda, Irvine and throughout Los Angeles, Riverside and San Bernardino Counties. Call today for your no obligation free initial consultation (800) 578-0922.

Chapter 7 bankruptcy is a solution for many individuals and families facing overwhelming debt, foreclosure, vehicle repossession, wage garnishment, bank levy, and eviction. It allows you to eliminate most unsecured debts, like credit cards and medical bills, stop any creditor harassment and start fresh. About 80% of bankruptcy cases filed are under Chapter 7, as it offers a clean slate while helping you keep your assets. An attorney from Shakoori Law Group will work directly with you to determine if Chapter 7 is right for your situation. If it is, the attorney will take immediate action to stop creditor harassment and help you eliminate your debt while protecting your property.

Although Chapter 7 is sometimes referred to as “liquidation bankruptcy,” most debtors keep their property. California offers several exemptions that protect assets like your home, car, and personal belongings. An Orange County Attorney from Shakoori Law Group can help you choose the best exemption strategy, ensuring you retain as much of your property as possible.

Chapter 7 Eligibility:

Chapter 7 bankruptcy may be available to you regardless of how much debt you have. The main eligibility factor is your income. If your income falls below your state's median for your household size, you qualify for Chapter 7 automatically. If your income is higher, you may still be eligible but will need to pass a means test that evaluates your disposable income after household expenses. An attorney from Shakoori Law Group can help you understand if you qualify and plan appropriately, even if you have non-exempt assets.

What Can We Do for You:

  • Assess your eligibility for Chapter 7 bankruptcy
  • Provide necessary pre-petition planning tailored to your needs
  • Complete and file all necessary documents
  • Protect your assets.
  • Prepare you for a hearing, “the meeting of the creditors,” and assist you at the hearing.
  • Guide you through every step of eliminating covered debts and moving forward financially

Debts Covered in Chapter 7:

In Chapter 7 bankruptcy, most unsecured debts are discharged, meaning you no longer must pay them. These include credit card debt, medical bills, personal loans.  Some of the debts that are generally not dischargeable such as debts for alimony, maintenance, or support, and certain other divorce related debts, including property settlement debts; Student loans; Debts for certain penalties and fines;

This is only a few examples of non-dischargeable debts and there are exceptions, which may mean even these debts are dischargeable. A qualified California bankruptcy attorney can let you know if you have any assets that are not dischargeable or whether exceptions apply in your case.  We can ensure that you get the maximum relief from your debts, giving you a true fresh start.

Meeting of the Creditors

The bankruptcy process includes a mandatory meeting with creditors. In most cases, creditors do not even attend this meeting, and an experienced lawyer will be with you to take the fear out of the process and answer any questions that might come up.

Get Help Today:

If you’re overwhelmed by debt, don't wait to get the help you deserve. We can help you assess whether Chapter 7 or Chapter 13 is best for your situation and provide expert guidance every step of the way.

Our office assists clients throughout Southern California including but not limited to the following: Santa Ana, Tustin, Fullerton, Orange, Anaheim, Irvine, Newport Beach, Costa Mesa, Fountain Valley, Huntington Beach, Westminster, Garden Grove, Orange, Buena Park, Placentia, Yorba Linda, San Clemente, Laguna Niguel and throughout Los Angeles, Riverside and San Bernardino Counties. Call today for your no obligation free initial consultation (714)584-3320.

Call today for a free consultation and begin your journey toward financial freedom.

One of the most significant benefits of filing a bankruptcy is that it puts an immediate stop to almost all collection efforts by creditors. As soon as your initial bankruptcy petition is filed, whether a Chapter 7 or Chapter 13, all collection efforts, legal proceedings regarding debts, wage garnishments and the like must immediately cease. If you are experiencing the stress, anxiety and fear that comes with phone calls and threatening letter from bill collectors, the value of the automatic stay should be immediately obvious. The automatic stay is designed to freeze all debt collection efforts and provide a debtor a chance to catch one's breath. If you have had your bank account levied or your wages garnished, the value of the automatic stay cannot be overstated. Not only must creditor collection or debt enforcement efforts stop upon being served with the filed bankruptcy petition, but the creditor can actually be penalized for violating the automatic stay. Rachelle Shakoori represents those throughout Orange County and elsewhere throughout Southern California faced with wage garnishments, bank levies, judgment debtor exams and other oppressive debt collection practices.

The filing of the bankruptcy petition by a qualified Orange County bankruptcy attorney will create an injunction that prevents almost all debt collection and enforcement efforts including but not limited to the following:

Any court action to enforce a debt or judgment
Telephone calls and letters from creditors
Repossessions of collateral (i.e. automobiles, real property)
Foreclosure sale of real property
Garnishment of wages
Bank account levies

The automatic stay suspends these collection efforts so that the rights of the debtor and all creditors can be balanced. The duration of the automatic stay was limited somewhat by the 2005 bankruptcy reforms. The stay now automatically expires 60 days from filing a bankruptcy petition in most situations and within 30 days for those who have previously filed a bankruptcy within the last year. If a debtor has filed two bankruptcies within the prior year, a stay may be requested under certain circumstances, but no stay takes automatic effect.

While the automatic stay provides protection against most forms of debt enforcement and collection efforts, there are a number of notable exceptions:

Certain family court obligations including enforcement of child support obligations
Evictions
Enforcement of actions against real property that were lifted within 2 years prior to the current filing

These are just common and representative examples so it is advisable to consult with a qualified California bankruptcy attorney if you have questions about the automatic stay and relevant exemptions from its protections.

 Shakoori Law Group assists clients throughout Southern California including but not limited to the following: Santa Ana, Tustin, Fullerton, Orange, Anaheim, Irvine, Newport Beach, Costa Mesa, Fountain Valley, Huntington Beach, Westminster, Garden Grove, Orange, Buena Park, Placentia, Yorba Linda, Isan Clemente, Laguna Niguel and throughout Los Angeles, Riverside and San Bernardino Counties. Call today for your no obligation free initial consultation (714)584-2230.

Not necessarily.  An experience attorney from Shakoori Law Group will review your income, assets, debts and entire financial status to determine available options and alternatives so that you can make an informed decision about your best course of action.  You may not need to file bankruptcy even though creditors are threatening you because you may have no non-exempt property or wages. This means you have nothing the creditors can take from you.  We often counsel clients that they do not have enough debt to justify filing for Chapter 7 bankruptcy relief. You will want to save this valuable option until you really need it.

Sometimes a debtor is better off waiting to file because they have assets or transactions that make delaying a bankruptcy strategically beneficial. For example, purchases of certain luxury items and cash advances made within 60 days of filing a bankruptcy are presumed nondischargeable, which may make it advisable to delay filing a bankruptcy.  There are also situations that your either don’t qualify for bankruptcy or filing bankruptcy may jeopardize losing your assets.  

We can help you assess when and if to file a bankruptcy. We will review your financial situation and give you legal advice on possible options and alternatives.

The goal is to put you back on the road to financial security, which may or may not include filing a bankruptcy on your behalf. We know the stress and anxiety that comes with feeling you are struggling to tread water financially. Let Santa Ana attorney from Shakoori Law Group provide a financial life raft and guide you to safety.

The Shakoori Law Group office assists clients throughout Southern California including but not limited to the following: Santa Ana, Tustin, Fullerton, Orange, Anaheim, Irvine, Newport Beach, Costa Mesa, Fountain Valley, Huntington Beach, Westminster, Garden Grove, Orange, Buena Park, Placentia, Yorba Linda, San Clemente, Laguna Niguel and throughout Los Angeles, Riverside and San Bernardino Counties. Call today for your no obligation free initial consultation (714)584-3320.

Bankruptcy fraud is a felony under federal law and includes concealment of assets or debts from your bankruptcy petition. Bankruptcy fraud is punishable by a fine of up to $250,000 and/or five years in prison. Concealment of assets when filing bankruptcy is one of the most prevalent types of bankruptcy fraud and may include "giving" an asset to a relative or friend to avoid having it come within the jurisdiction of the bankruptcy court. Sadly, some debtors who file bankruptcy without legal representation fail to include assets in their bankruptcy petition or engage in transactions that they do not realize constitute bankruptcy fraud. A criminal prosecution for bankruptcy fraud is a scary proposition that can have serious implications including jail time, financial penalties and dismissal of your bankruptcy petition.

Some people seek assistance from paralegals or typing services to save money, these individuals are typically not qualified to give legal advice and may make serious mistakes in preparing your bankruptcy petition or suggest that you engage in activity that can result in criminal liability. The cost of defending a criminal bankruptcy fraud case is very costly. A free no obligation initial consultation with a bankruptcy attorney today is the surest way to not end up facing charges of bankruptcy fraud.

When families face the prospect of bankruptcy, their lives are usually filled with stress and anxiety. While bankruptcy can be a way to get your life back on track, it is important to work with a bankruptcy attorney who is attentive, knowledgeable and makes you feel at ease and help you develop a strategy that will best serve your goals.

When meeting with an attorney during the initial consultation, it is a good idea to find out such key issues as the following:

How long has the attorney been in practice?
Does the attorney regularly handle bankruptcy matters?
How much experience does the attorney have handling bankruptcy issues?
What can you expect in terms of communication regarding your case?
What expectations should you have about how your case will proceed?
How are fee arrangements handled?
Will your attorney handle the case or will it be delegated to staff?
Will your attorney personally appear at any court or trustee proceeding?
How long will filing the bankruptcy and completion of the process take?
The number of bankruptcy cases the firm handles?

You should ask all the questions you can so that you feel comfortable in choosing the attorney. Though the fee of an attorney is an important consideration, it should not be the only factor or even the most important factor when making a choice. It is important to choose the best attorney to fit your needs and personality rather than one that might be moderately cheaper.

Before you finally decide to retain a specific bankruptcy attorney, the most important thing that you should do is to check their professional reputation. The best and most reliable way to do this is to contact your state bar association. The California State Bar Association provides online access where you can check to verify that an attorney has no professional record of discipline. You want your bankruptcy experience to go smoothly so it is a good idea to check this website before going to meet with a bankruptcy lawyer.

Many families are facing difficult economic times and may not qualify for a Chapter 7 bankruptcy either because sufficient time has not passed since their last bankruptcy discharge, or they cannot qualify under the means test. A Chapter 13 allows you to make monthly payments to repay all or a portion of your dischargeable debts in 3 to 5 years by making one payment to the bankruptcy trustee who will disburse the payments out to your creditors. In most cases, your payment under Chapter 13 will be significantly less than what you would pay if you continued to pay each of your creditors separately. Many people have seen advertisements for debt consolidation programs that also are based on monthly payments, which can make it confusing to understand the difference between a debt consolidation program and a Chapter 13 bankruptcy.

Generally, a Chapter 13 bankruptcy has a significant number of advantages over a debt consolidation program.  A Santa Ana attorney from Shakoori Law Group will carefully evaluate your financial situation to determine whether a Chapter 7, Chapter 13, debt consolidation program or some other alternative is best for you. Some common advantages of a Chapter 13 bankruptcy over a debt consolidation program are provided below:

Protection of the Automatic Stay: Once a Chapter 13 bankruptcy has been filed, creditors are required by law to stop most debt enforcement activity. The stay prevents or suspends wage garnishments, bank account levies, collection judgments, repossessions and foreclosures (unless formal relief is sought and granted). The automatic stay will also stop harassing phone calls and letters from collection companies and creditors. There is no such legal protection from creditors provided by debt consolidation programs.

Protection of Family Home: A Chapter 13 protects your family home from foreclosure or repossession as long as you make the plan payments. You may have significant equity in your family home which can be protected by making Chapter 13 plan payments. Your home becomes an asset that is effectively protected under the plan with a Chapter 13.

Elimination of Debt: A Chapter 13 is a plan that allow you to extinguish your debts by paying off the debts or a portion of the debt over a three to five year period. Once the Chapter 13 plan is completed, you emerge from the bankruptcy with a discharge and free of debt. Debt Consolidation programs often result in consumers paying for long periods of time without making a significant reduction in the outstanding balance.

Protecting Most Important Assets: A Chapter 13 plan prioritizes the payment of creditors so that a family’s most important assets like a car and home are paid first and protected against repossession or foreclosure. Unsecured creditors are paid after secured creditors, which helps a family keep their vehicle and family home. A Chapter 13 plan also addresses all creditors whereas a debt consolidation plan typically only includes certain types of creditors.

If you need debt relief, an Orange County attorney from Shakoori Law Group can help. We offer a free no obligation initial consultation so that we can review your assets, debts and income and assess your options. We will discuss your options and the advantages and disadvantages of each strategy. We can answer your questions about Chapter 7 bankruptcy, Chapter 13 bankruptcy, debt consolidation programs and other viable options. We have helped hundreds of families just like yours throughout Orange County and Los Angeles, Riverside, and San Bernardino Counties. 

 The Shakoori Law Office assists clients throughout Southern California including but not limited to the following: Santa Ana, Tustin, Fullerton, Orange, Anaheim, Irvine, Newport Beach, Costa Mesa, Fountain Valley, Huntington Beach, Westminster, Garden Grove, Orange, Buena Park, Placentia, Yorba Linda, San Clemente, Laguna Niguel and throughout Los Angeles, Riverside and San Bernardino Counties. Call today for your no obligation free initial consultation (714)548-3320.

Many consumers have heard that tax obligations owed to the IRS or State Franchise Tax Board are not dischargeable in bankruptcy. While obtaining a discharge from a tax debt can be complicated, Shakoori Law Group has helped debtors throughout Orange County, Los Angeles, Riverside, and San Bernardino Counties obtain a partial or sometimes even total discharge from outstanding tax obligations. Certain types of debt are more difficult to deal with in bankruptcy than others, so it is advisable to consult with a qualified Southern California bankruptcy attorney if you have unfiled taxes or outstanding tax obligations.

There are several prerequisites that must be met before any tax can be discharged in bankruptcy. The minimum requirements for discharging federal or state income taxes are (all of the following must be met): (1) it has been more than 3 years since the returns were last due (including extensions) to be filed, (2) the returns were timely filed or it has been at least 2 years since the returns were filed, (3) there was no fraud involved or attempts to evade the tax, and, (4) the taxes were not assessed within the last 240 days. If all of these conditions have been met, we may be able to obtain a Chapter 7 bankruptcy discharge from your unpaid federal or state income tax obligation.

Even in cases where a complete discharge of the entire tax obligation is not possible through a Chapter 7 bankruptcy, we may be able to obtain a discharge of part of your unpaid tax obligation and obtain more favorable payment options through a Chapter 13 bankruptcy. The IRS and franchise tax board can be ruthless when it comes to enforcing tax obligations including garnishing your wages, levying against your bank account as well as other draconian measures. The Shakoori Law Group may be able to file a Chapter 7 or Chapter 13 bankruptcy to obtain protection from such collection efforts and help you obtain at least a partial discharge from your unpaid tax obligations. Sometimes sales taxes and other taxes, such as, those owed to the State Franchise Tax Board, Board of Equalization or Employment Development Department may also be dealt with in a bankruptcy case.

We have helped hundreds of families just like yours throughout Orange County and Southern California.

Call today for your no obligation free initial consultation (714)548-3320.

Facing the possibility of an eviction from one's home can be a terrifying and stress filled experience. An eviction starts with the posting of a notice by the landlord who is typically a 3-day notice to pay or quit, or a 30-day notice to vacate. The eviction process is an expedited procedure under California state law that moves very quickly and does not provide much of an opportunity for a tenant to negotiate with one's landlord or make alternate arrangements for a place to live. The Shakoori Law Group has helped many tenants facing eviction and other crushing financial debt obtain valuable time by filing a Chapter 7 or Chapter 13 bankruptcy. If you are facing an eviction, the Shakoori Law Group can help.

Once our office files a Chapter 7 or Chapter 13 bankruptcy under the Federal Bankruptcy Code an automatic stay goes into effect. The automatic stay means that all eviction proceedings in state court must stop. A Chapter 7 or Chapter 13 bankruptcy has the effect of bringing all your financial matters including the eviction under the jurisdiction of the Federal Bankruptcy Court. The automatic stay that occurs when a Chapter 7 or Chapter 13 bankruptcy is filed will delay the eviction process. The extra time can permit you to negotiate with your landlord to stay in the property or provide valuable time to relocate to a new home.

It is important to keep in mind that an eviction moves very quickly so you should seek legal advice from a qualified Orange County bankruptcy attorney as soon as you receive a 3 day notice to pay or quit or a 30-day notice. We understand that a tenant facing an eviction is in an emergency situation so we can file an emergency bankruptcy petition on your behalf. The Shakoori Law Group has helped many families just like yours throughout Orange County and all Southern California who face the prospect of immediate eviction with no place to go. If you are behind on your rent, we know it is likely that you are struggling with other debt also. The knowledgeable and experienced bankruptcy attorney at the Shakoori Law Group can restore your standard of living and eliminate the stress of staggering debt.

The soaring cost of health care along with declining coverage and increases in excluded services and treatment has made unpaid health care expenses a leading cause of bankruptcy. Unpaid health care expenses are responsible for over half of all U.S. bankruptcy filings. Medical bankruptcy can be understood as a legal protection availed against debts arising out of medical treatment, hospitalization expenditures, medication costs, and nursing as well as physiotherapy charges. A hospital stay without medical insurance can easily cost tens of thousands of dollars. Even with insurance, uncovered treatment for serious medical conditions like certain cancer treatments can easily reach into the hundreds of thousands. At the Shakoori Law Group, we can help your family overcome the financial crippling impact of unanticipated extraordinary medical expenses.

A Chapter 7 bankruptcy permits a debtor to obtain a discharge of unsecured debt. Typically, medical related expenses would be in the form of unsecured debt including the following:

  • Unpaid medical bills
  • Credit card bills to pay for medical expenses
  • Loans obtained to pay medical bills
  • Outstanding health insurance premiums

Generally, these obligations can be discharged in a Chapter 7 bankruptcy so that your family can obtain relief from medical expenses and health care costs that are often massive and unanticipated. A qualified Orange County bankruptcy attorney at the Shakoori Law Group can help you determine if you are eligible to have all of your unpaid medical expenses discharged in a Chapter 7 bankruptcy. Even if you do not qualify for a Chapter 7 bankruptcy, we can help you obtain a partial discharge of your unpaid medical expenses and health care related debt and have the balance paid in manageable monthly payments through a Chapter 13 bankruptcy.

The Shakoori Law Group Office assists clients throughout Southern California including but not limited to the following: Santa Ana, Tustin, Fullerton, Orange, Anaheim, Irvine, Newport Beach, Costa Mesa, Fountain Valley, Huntington Beach, Westminster, Garden Grove, Orange, Buena Park, Placentia, Yorba Linda, San Clemente, Laguna Niguel and throughout Los Angeles, Riverside and San Bernardino Counties. Call today for your no obligation free initial consultation 714

When you are behind on payments on credit cards, loans or personal credit lines and other forms of unsecured debt, your creditors can seek to collect on their debts by obtaining a judgment against you to levy funds from your checking accounts or garnish your paychecks. The IRS or State Franchise Tax Board can also levy your bank account to collect on unpaid tax debt. These actions can bring your business to a halt if you are self-employed or make it impossible to pay your monthly household expenses.

The knowledgeable and experienced Orange County bankruptcy attorney at Shakoori Law Group can take action today to prevent repossession of your car or home, garnishment of your paycheck or a levy against your bank account. Even if a creditor has already taken action, such as, garnishing your paycheck, we can stop further deductions from your paycheck during the time you need the money most. However, once funds have been taken, it may be difficult to get these funds back, so it is important to contact an attorney immediately to prevent future loss of your assets or income.

A Chapter 7 bankruptcy or Chapter 13 bankruptcy can stop levies on your bank account and wage garnishments as soon as the bankruptcy is filed.  Attorney Rachelle Shakoori knows that when her clients are subject to such oppressive debt collection practices obtaining relief is a financial emergency. She can file a bankruptcy on an emergency basis and obtain immediate termination of future wage garnishments or bank levies. She has helped many clients just like you throughout Orange County, Los Angeles, Riverside, and San Bernardino to overcome garnishments and financial challenges.

The Shakoori Law Group Office assists clients throughout Southern California including but not limited to the following: Santa Ana, Tustin, Fullerton, Orange, Anaheim, Irvine, Newport Beach, Costa Mesa, Fountain Valley, Huntington Beach, Westminster, Garden Grove, Orange, Buena Park, Placentia, Yorba Linda, San Clemente, Laguna Niguel and throughout Los Angeles, Riverside and San Bernardino Counties.

Call today for your no obligation free initial consultation (714)548-3320.

If you’re facing the threat of car repossession, understanding your options under Chapter 7 and Chapter 13 bankruptcy can make a crucial difference. Each type of bankruptcy offers unique protections and tools to help you manage car loan debt, allowing you to keep your vehicle or find relief from an unsustainable financial burden.

Chapter 7 Bankruptcy
In a Chapter 7 bankruptcy, you can eliminate unsecured debts, such as credit cards and medical bills, which may free up income for car payments. While Chapter 7 can temporarily delay repossession, it does not offer a long-term solution for keeping your vehicle if you’re behind on payments. However, it does provide the option to "reaffirm" the car loan, which means agreeing to continue payments to retain the vehicle. If keeping the car isn't feasible, Chapter 7 can also help discharge any remaining debt after a voluntary surrender or repossession.

Chapter 13 Bankruptcy
Chapter 13 bankruptcy provides a powerful option for saving your car from repossession. Under a Chapter 13 repayment plan, you can catch up on missed payments over a period of three to five years, often with reduced or reorganized terms. In some cases, you may even be able to reduce the total amount owed through a process called “cramdown,” which allows you to pay only the current market value of the vehicle.

Both Chapter 7 and Chapter 13 have distinct advantages depending on your financial situation, the status of your car loan, and your goals. Bankruptcy attorney Rachelle Shakoori can help you assess which option is best suited to keep your vehicle and regain financial stability. Contact us today for a consultation, and let’s work together to protect your assets and plan for a more secure future.