Bankruptcy Palm Desert | Consumer Litigation

Our Practice Areas

Bankruptcy

Debtor Representation
Chapter 7 – Liquidation (Individuals and Businesses)
Chapter 11 – Reorganization (Individuals and Businesses)
Chapter 12 – Family Farmer or Fisherman (Agriculture Reorganization)
Chapter 13 – Individual Reorganization (Payment Plans)
Stop Foreclosure
Prevent Repossession
Stop Wage Garnishments
Stop IRS, Levies, Liens, and Property Seizure
Stop Lawsuit or Collection Actions
Protect Your Assets. Protect Your Home. Protect Your Retirement.
Re-Establish Good Credit

It's time to get a fresh start! If you cannot pay the bills or you cannot save for retirement, it's time to consider a great solution. It's never easy to make the decision to file for bankruptcy. Our team at SHAW & HANOVER, PC will meet with you to discuss your options, develop a specific plan for your situation, and help you find the relief you need to get back on track.

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What is bankruptcy?

Bankruptcy is a process that allows you to legally eliminate certain debts. There are several types of bankruptcy depending on the needs of the individual client or business. Chapter 7 bankruptcy allows you to discharge debts without making payments back. A Chapter 13 filing allows individuals to reorganize and repay debts over time. Chapter 13 also offers other advantageous options such as “stripping off” your second mortgage or a judgment lien. Chapter 11 bankruptcy allows higher-income individuals or businesses to reorganize debts without starting over completely. Chapter 12 is a great option that is often overlooked for clients involved in agriculture such as family farmers and fishermen with regular income. A Chapter 12 allows the debtor to reorganize debt during continued operation of the business. Each type of bankruptcy filing is unique. There are reasons that you might want or need to pursue one type over another. Our team of attorneys can help you consider your options and make the best choices for you.

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We help consumers and businesses.

Our bankruptcy attorneys specialize in debtor representation, representing both individuals and businesses. We have filed thousands of cases. Our extensive knowledge of federal laws and local procedures helps you obtain a favorable outcome. We were filing bankruptcy cases well before the 2005 Bankruptcy Abuse Prevention and Consumer Protection Act went into effect. That is key to representing debtors today because a great deal of bankruptcy case law arose prior to 2005 and is still a good law. Our attorneys have the experience and know the effective strategies to get our clients the best result.

When you work with SHAW & HANOVER, PC, we give you honest advice about your situation. We're aggressive and exacting so that your bankruptcy is smooth and successful. We work to stop foreclosures, garnishments, and the IRS.

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Contact us today.

We help good people get back on track. If your debts are too much, we invite you to contact us to talk about your case. Our team has extensive knowledge and experience.

Call (760) 610-0000 for a FREE CONSULTATION. Let us go to work for you. We help our clients find solutions and present their case in the best way possible. We look forward to meeting you.

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Consumer and Bankruptcy Litigation Attorneys in the State of California

SHAW & HANOVER, PC is a full-service consumer and bankruptcy litigation firm. Here, you can get an attorney who can assist you with your consumer or bankruptcy matters. Founding Partner, in California.

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Wrongful Foreclosure

This form will provide our high-quality attorneys to stand up to your creditors. Banks are required to file certain legal documents before they are allowed to take your property, but the banks oftentimes fail to file the right papers. If they do, our firm may be able to keep you in your home and seek damages for any wrongful actions.

Fair Debt Collection Practice

Violations (FDCPA)

Creditors may violate the Fair Debt Collection Practice Act.

That debt collection harassment may result in damages where the creditor may have to pay you for the harm unlawfully caused.

Fair Credit Reporting Act

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Violations (FCRA)

The Fair Credit Reporting Act was established to ensure that the reports made to the credit bureaus are accurate. If an inaccurate report is made, it may damage your credit causing you to be denied for loans or to pay higher interest rates. We can address FCRA violations. You may be entitled to compensation for damages caused.

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Bankruptcy Stay Violations

This form can provide you with a bankruptcy attorney that can help you if a creditor violates the automatic stay while you are in bankruptcy. Once you file the bankruptcy, you are protected by the automatic stay. Creditors may not contact you, seize your property, garnish your wages, or take other collection action against you. A violation of the stay is a serious violation of a federal court order. We can assist in filing an adversary proceeding against the violating creditor.

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Truth in Lending Violations (TILA)

The Truth in Lending is an important part of the Real Estate Settlement and Procedures Act that requires the bank to disclose the terms of your mortgage at origination.

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U.S. Bankruptcy Code 303 (i) Damages

When the involuntary bankruptcy was? Led in bad faith, we seek compensation for our clients. U.S. Bankruptcy Code Section 303 allows a debtor costs, reasonable attorney fees, damages, and punitive damages if successful. If you’re the victim of a bad faith involuntary bankruptcy, contact our office immediately at (760) 610-0000.

Involuntary Bankruptcy Defense

If an involuntary bankruptcy is led against you or your company, you need immediate legal representation.

SHAW & HANOVER, PC is a staunch advocate for alleged debtors in involuntary actions. We have seen the abuses that can be leveled against an alleged debtor, and we have fought hard to shut down involuntary bankruptcies. Each case is unique.

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Involuntary Bankruptcy/Federal Litigation:

Involuntary Bankruptcy Defense
303(i) Damage Cases (Compensation for Wrongful Involuntary Actions)
Contempt Proceedings
Civil Incarceration
Freedom of Information Act (FOIA) Litigation

An involuntary bankruptcy is a bankruptcy led by the creditors of the alleged debtor. If you’re the alleged debtor, we can assist in defending you against the involuntary bankruptcy and seek to dismiss the case. When would creditors file for involuntary bankruptcy? Involuntary bankruptcy is an extreme measure and not commonly used. An involuntary bankruptcy can create huge damages for the alleged debtor. When used, it's generally used by creditors against a debtor they believe to be wealthy or capable of paying debts.

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Consumer Litigation:

Wrongful Foreclosure/Stop Foreclosure
Fair Debt Collection Practice Violations (FDCPA)
Fair Credit Reporting Act Violations (FCRA)
Mortgage Servicing Violations (RESPA)
Bankruptcy Discharge Violations
Bankruptcy Stay Violations
Truth in Lending Violations (TILA)
Telephone Consumer Protection Act Violations (TCPA)

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Protecting Creditors’ Rights

In a bankruptcy proceeding, a creditor is a person or entity that has a right or claim to payment from a bankruptcy debtor. This type of litigation can be tricky. Sometimes a creditor receives a bankruptcy notice from the court that leaves a creditor with the belief that it has no options available. That is not true. We work with creditors to determine the priority of the claim and the options available to preserve the creditors’ rights. Our firm defends creditors in preference litigation, motions for relief from the automatic stay, and non-dischargeability actions as well as 727 denial of discharge actions. We also represent creditors in matters related to the liquidation of non-exempt assets.

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Unique Creditors

Landlords

If a creditor is a landlord and a delinquent tenant has filed for bankruptcy, then the landlord, too, must struggle with provisions of the automatic stay. Under California law, the landlord is prohibited from serving a three-day notice on the tenant or seeking relief in an unlawful detainer proceeding. If a landlord-creditor suspects that a tenant has filed his bankruptcy petition in bad faith, then our attorneys can help by moving to dismiss the case.

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Creditor and Trustee Representation:

Creditor Representation
Secured Lender Representation
Bankruptcy Motions for Relief From Stay
Bankruptcy Plan Objections
Bankruptcy Proof of Claim
Landlord Representation
Foreclosure
Bankruptcy Litigation
Bankruptcy Trustee Representation
Bankruptcy Real Estate Sales (Our Attorneys Are Licensed Real Estate Brokers/Agents)

The attorneys at SHAW & HANOVER, PC are uniquely equipped to hand bankruptcy matters. Located in California, we serve all of Southern California.

The attorneys at SHAW & HANOVER, PC aggressively advocate and provide creditors and bankruptcy trustees with creative solutions.

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Ponzi Scheme Clawback Defense:

Did you invest in a Ponzi Scheme?
Does a receiver or trustee want you to pay back profits received under the Ponzi Scheme?
Many investors have no idea they were involved in a Ponzi Scheme. They made an innocent investment. But, when the investment collapses, not only does the innocent investor lose the investment, the innocent investor may become the target of a receiver or bankruptcy trustee attempting to recover payments made to investors.
Do not attempt to negotiate or settle without legal representation.

When Ponzi Schemes collapse, they leave financial ruin in their wake. They inevitably unravel, leaving good faith investors on the hook for any funds they may have received. At SHAW & HANOVER, PC, we fight for honest clients who are victims of Ponzi schemes. The honest victim is often the target of a “clawback” legal action for payments the victims received from the Ponzi scheme. We defend the investors who made honest investments and are now the targets of “clawback” claims. If you or someone you know has been sued or is otherwise involved in a Ponzi scheme litigation, contact our office immediately.

In California, laws exist to protect victims of Ponzi schemes, including laws that allow people who lost money to sue the early investors who were paid out of the scheme to “clawback” their payments. This can affect every investor touched by a Ponzi scheme, even if they are completely innocent and had no knowledge that their money was invested in what was ultimately a scam.

At SHAW & HANOVER, PC, we are experienced in addressing the legal fallout from Ponzi schemes and helping investors protect their assets. If you or someone you know has been sued as part of a Ponzi scheme “clawback” matter or has been the victim of a Ponzi scheme and is trying to recover losses, call our office today at (760) 610-0000. We represent clients all over California.

The Greater The Storm,

The Brighter Your Rainbow

Unmatched Legal Capabilities

Bankruptcy Law and Debt Relief Experts

Schedule a Legal Consultation With Us

Our Practice Areas

Bankruptcy

What is bankruptcy?

We help consumers and businesses.

Contact us today.

Consumer and Bankruptcy Litigation Attorneys in the State of California

Wrongful Foreclosure

Fair Debt Collection Practice

Violations (FDCPA)

Fair Credit Reporting Act

Violations (FCRA)

Bankruptcy Stay Violations

Truth in Lending Violations (TILA)

U.S. Bankruptcy Code 303 (i) Damages

Involuntary Bankruptcy Defense

Involuntary Bankruptcy/Federal Litigation:

Consumer Litigation:

Protecting Creditors’ Rights

Unique Creditors

Creditor and Trustee Representation:

Ponzi Scheme Clawback Defense: