© 2010 Myava R. Escamilla All Rights Reserved
Orange County CA Bankruptcy Attorney Orange County CA Family Law Attorney Orange County CA Immigration Attorney Orange County CA Personal Injury Attorney Orange County CA Domestic Violence Attorney
Spanish, Tagalog and Vietnamese translators available.
Myava R. Escamilla Esquire
Practice Areas: Bankruptcy, Immigration, Family Law, Domestic Violence Personal Injury.
Law School: San Joaquin College of Law
College: Smith College
About me:
Juris Doctorate, June 2007
2006 Student of the Year
Myava's first internship in law school was in corporate and individual Ch. 7 and 13 bankruptcy. She has never stopped working in this area. She has achieved successful discharges for her clients with each case presenting varying degrees of difficulty. Myava has respectfully assisted clients with thoughtful, detailed orientated and professional service in all cases. Myava firmly believes that Bankruptcy is about new beginnings. Let us help you out of financial debt, stress and ruin.
During law school, Myava assisted two practitioners in making caselaw precedent in the area of professional responsibility and utility law. In the case related to professional responsibility, Myava helped to expand the protections of attorney client privilege. In the case related to utility law, Myava helped Central Valley almond farmers receive significant refunds resulting from misappropriate fees charged by local electricity providers.
In addition to this experience, Myava has an uncommon amount of training and experience in family law, specifically domestic violence. Myava has assisted over 200 clients in pursuing and obtaining permanent restraining orders in order to end abusive relationships. Myava has an in-depth understanding of issues presented by domestic violence and an unparalleled degree of empathy for victims of domestic violence.
Myava teaches family law, restraining order and immigration as related to domestic violence portion of the 40-hour Domestic Violence Advocate Training at Laura's House. Completion of this training meets the requirements set by California Evidence Code 1037.1 for designation as a Domestic Violence Counselor. In addition, Myava provides training and support to corporate law firms partnered with Laura's House who are interested in assisting victims of domestic violence.
She is a recruiter for Smith College and a member of Association of Latina Alumnae of Smith.
No one can guarantee the results of any legal proceeding. However, at The Law Offices of Myava R. Escamilla, you are guaranteed that you will be treated well, with respect and that your case will receive professional and personal attention.
Orange County CA Bankruptcy Attorney, Orange County CA Family Law Attorney, Orange County CA Immigration Attorney, Orange County CA Personal Injury Attorney, Orange County CA Domestic Violence Attorney.
Bankruptcy is about new beginnings. It is a federal right. It is not a moral decision, but rather one of the few effective financial tools given to people and businesses struggling with debt and overwhelming fiscal obligations.
At The Law Offices of Myava R. Escamilla, your case will be given professional and personal attention from a licensed attorney from start to finish and you will be represented at 341 Meetings Of Creditors.
Why hire an experienced Attorney and not a paralegal?
A paralegal or bankruptcy preparer CANNOT give you legal advice on how to best obtain discharge and protect your assets. They are legally and strictly prohibited from giving legal advice. They cannot represent you in any court or bankruptcy proceeding. While they may attempt to give you advice, you alone bear the risk of their mistakes. You cannot simply dismiss a case if something goes wrong.
You must be fully informed about your rights and potential issues in your case in order to make the best decisions about your future. A paralegal cannot help you do this. There is simply too much at stake for you.
BANKRUPTCY MYTHS
It is now harder to successfully file bankruptcy.
FALSE.
After 2005, personal bankruptcy requires the filing of a Means Test which examines your annual income and makes some presumptions based on your geographical area and family size as determined by IRS standards of living. However, for many clients this is not a significant issue.
Many practitioners will turn someone away if there is a Means Test issue or force them into a Ch. 13 - which means they will have to repay some of their debt. This is not how the Law Offices of Myava R. Escamilla works. I take pride successfully navigating the Means Test for clients whenever that is an issue. I closely examine expenditures and allowances in order to successfully navigate this Test.
I'll never get credit again!
A bankruptcy will appear on your credit report for up to 10 years after filing. However, any other negative item appears on your report for 7 years and a creditor can still attempt to come after you for it. Creditors regularly sell their debts to collection companies, and that new items may appear on your credit report for another 7 years. One debt may be recycled in this way multiple times - wrecking havoc on your credit.
A bankruptcy appears once, stays there for 10 years, you are not legally responsible for the debt. Further, after discharge, credit and lending agencies know that you may not file another bankruptcy for at least 6 years. They may be your only creditor at that point. This makes them more willing to lend credit again. You get a fresh start. A fter discharge, clients may start re-building their lives and credit again. Credit restoration does not happen overnight but it does happen.
If I file bankruptcy, I cannot keep assets or belongings.
ABSOLUTELY FALSE.
Under Californias two exemptions sets - CCP 703 and CCP 704. someone filing bankruptcy may keep a significant portion of their assets. For example, depending on your classification you may keep between $75,000 and $175,000 in a homestead exemption. You may keep retirement savings, personal belongings, equity in vehicles, and even a wildcard exemption that may be used on almost any asset.
If I file bankruptcy, I'll never get a student loan or employment.
False.
Section 525 of the Bankruptcy Code prohibits discrimination based on exercising the federal right of bankruptcy by a governmental agency, student loan program, or private employer. There are remedies if you are discriminated against.
I already have a judgment or garnishment. It's too late for me.
You can get rid of a judgment, stop a garnishment, stop a foreclosure, stop civil proceedings with a bankruptcy. This makes it one of the most powerful economic tools in the hands of consumers. Even after judgment, any dischargeable debt (i.e. not a support obligation, student loan, debt incurred by fraud or other debt excluded from discharge) may be discharged.
Businesses cannot file bankruptcy.
If a business is a sole proprietorship, then they have similar options as an individual they may consider and file a Ch. 7, Ch. 13 or Ch. 11. Corporations, LLCs and partnerships may file a Ch. 7 or Ch. 11 depending on whether they want to extinguish liabilities and close or re-organize their debt to stay in business.
Orange County CA Bankruptcy Attorney
Orange County CA Family Law Attorney
Orange County CA Immigration Attorney
Orange County CA Personal Injury Attorney
Orange County CA Domestic Violence Attorney
Family law issues can create profound stress and may be the start of significant life changes. Choosing the right attorney to assist you through this process is essential. The Law Offices of Myava R. Escamilla offers powerful assistance and representation including but not limited to pre-divorce financial safety planning, assistance with mediation and negotiating settlement, leveling the playing field so that you can have a fair divorce and addressing difficult custody issues.
Our motto is "Act as a Protector, Problem-solver and Peacemaker." Sometimes agreements can be reached without going to court allowing the parties to fully control the results. In other cases - due to imbalances of power or access to information - going to court is necessary. In that case, you need someone who is comfortable in court, well prepared and ready to powerfully advocate for you. This law firm delivers that.
A word about pre-divorce financial safety planning. As someone who has worked with hundreds of domestic violence victims and their families, physical safety planning was naturally one of the highest priorities. However, most practitioners even those skilled in domestic violence fail to address strategies for pre-divorce financial safety planning. Such strategy is essential for someone planning to leave a marriage abusive or not. If you are considering filing for divorce, call the Law Offices of Myava R. Escamilla to discuss pre-filing strategies.
Some of the Services provided by the Law Offices of Myava R. Escamilla include:
Contempt of court actions
Custody parental rights & visitation
Dissolution (divorce)
Domestic violence restraining order defense/prosecution
Emergency Matters Ex-partes & Injunctive Orders
Equitable division of community property
Grandparent Visitation
Legal Separation
Mediation
Pre-nuptial and Post-nuptial agreements
Paternity Law
Parental kidnapping cases
Post-judgment custody & enforcement issues
Spousal and Child Support
Our services aid both emergency & non-emergency immigration services.
Removal Proceedings (deportation) can be the most intimidating and traumatizing experience that someone can have in any court. Sometimes even U.S. citizens find themselves in Removal Proceedings.
The Law Offices of Myava R. Escamilla provides specialty assistance by representing both detained and non-detained individuals in Removal Proceeding whether you be a Citizen, a Legal Permanent Resident, A Nonpermanent Resident, have Temporary or no Status.
We provide assistance with Asylum, Withholding of Removal, Cancelation of Removal and Convention against Torture applications as well as VAWA, U-VISA, and analysis of criminal convictions. This is a complicated and intimidating area of law that has significant and long-term consequences for people. Let us help you navigate your situation.
The Law Offices of Myava R. Escamilla also provides assistance with Family Based Petitions. Family-based immigration falls under two basic categories: unlimited and limited.
Unlimited Family-Based
Immediate Relatives of U.S. Citizens (IR): The spouse, widow(er) and unmarried children under 21 of a U.S. citizen, and the parent of a U.S. citizen who is 21 or older.
IR-1 Spouse of U.S. Citizen (if marriage is of at least two years duration)
IR-2 Child of U.S. Citizen
IR-3 Orphan adopted abroad by U.S. Citizen
IR-4 Orphan to be adopted in U.S. by U.S. Citizen
IR-5 Parent of U.S. Citizen at least 21 years of age
CR-1 Spouse of U.S. Citizen (Conditional Resident if marriage is of less than two years duration)
CR-2 Child of Conditional Resident, CR-1, above.
Returning Residents (SB): Immigrants who lived in the United States previously as lawful permanent residents and are returning to live in the U.S. after a temporary visit of more than one year abroad.
Limited Family-Based
Family First Preference (F1): Unmarried sons and daughters of U.S. citizens, and their children, if any. (23,400)
Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (over age 20) of lawful permanent residents. (114,200) At least seventy-seven percent of all visas available for this category will go to the spouses and children; the remainder will be allocated to unmarried sons and daughters.
F-2-A Spouses and children (under age 21) of Permanent Residents
F-2-B Unmarried Sons and Daughters of Permanent Residents (21 years of age and older)
Family Third Preference (F3): Married sons and daughters of U.S. citizens, and their spouses and children. (23,400)
Family Fourth Preference (F4): Brothers and sisters of United States citizens, and their spouses and children, provided the U.S. citizens are at least 21 years of age. (65,000)
Employment Based Visas
1st Employment Preference: "Priority Workers" does not require a Labor Certification
2nd Employment Preference
3rd Employment Preference (always requires a "Labor Certification")
4th Employment Preference
5th Employment Preference1st Employment Preference: "Priority Workers" does not require a Labor Certification
E-1-1
Persons with "extraordinary ability" in arts, sciences, education, business or athletics (this is the only category in which it is not necessary to have a "sponsoring employer")
E-1-2
Outstanding professors and researchers
E-1-3
Multinational executives and managers
E-2-1
Professionals holding advanced degrees (or bachelor's degree plus 5 years of "progressive experience") always requires a "Labor Certification"
Persons of "exceptional ability" in the sciences, arts or business no Labor Certification necessary if a "national interest waiver" is approved
E-3-1
Skilled workers with at least 2 years of training or experience
E-3-2
Professionals with baccalaureate degrees
E-W-3
"Unskilled" workers (limited to 10,000 "Green Cards" per year)
S-D-1
Ministers, religious workers and other "Special Immigrants"
5th Employment Preference
C-5-1
Investment outside target employment areas
T-5-1
Investment in target employment areas
Unfortunately domestic violence is an ugly and pervasive problem for our society - in Orange County, CA and beyond. You and your children's safety is a priority for this law firm. The Law Offices of Myava R. Escamilla offers expertise in this area, knowledge of community resources, and support from start to finish. This practitioner knows about the cycle of domestic violence and can help end it.
Call us to find out about what is required to successfully win family law/civil Restraining Order hearings, who can be made to pay for attorney's fees, if children can be protected, how to obtain Support Orders, and ultimately how to create a better life for you and your family.
DOMESTIC VIOLENCE PERSONAL INJURY
Suppose someone hit your car while you were at a stop sign. Suppose they caused damages to your vehicle and injury to you as well. Then they refused to pay for the damages. What would your response be? Most people would say, "Well, I would have to sue them. They caused this damage- I was not at fault. Why should I have to pay for the damage they caused?"
It is no different for a victim of domestic violence who suffers injury, has pain and suffering, incurs medical bills, needs counseling after the violence, or loses wages. The difference is that victims of domestic violence may recover not only for their out-of-pocket losses, their pain and suffering but they may also be awarded punitive damages, emotional distress, and may be awarded attorney's fees.
In addition, depending on the situation, insurances or the owners of property may be liable.
The Law Offices of Myava R. Escamilla believes that victims of domestic violence are just as worthy and deserving of compensation as a car accident victim, or other personal injury plaintiff. We can help you through this process and offer expertise that few firms can provide.
Please see below for some common myths about domestic violence and some of the signs.
DOMESTIC VIOLENCE MYTHS
Domestic violence does not happen to men.
FALSE. Statically, men compose about 22% to 25% of domestic violence victims. However, abuse of men is significantly more under-reported than abuse of women - due to embarrassment, stigma and lack of assistance. This law firm takes abuse no matter the gender of the abuser seriously.
Domestic violence is physical hitting or battering.
FALSE. Domestic violence is about a pattern of control and domination. It does not have to necessarily include physical hitting. It includes many ways of dominating and controlling a person such as sexual abuse, psychological abuse, economic deprivation, stalking, breaking personal property, harassment, threats of violence, monitoring someones movement, and isolating someone from friends and family.
Domestic violence is between a husband and a wife.
FALSE. Domestic violence is not only between a husband and wife. Domestic violence includes folks in a dating relationship, same sex partners, people who share a child, former spouses, people who live or used to together, even relatives or in-laws.
I can make it better if I try harder.
FALSE. Domestic abuse and violence is not your fault and not something that an abused person can control. You cannot make it better. You cannot change the other person with you love or support. It will continue to get worse in most cases. Your boundaries will be more and more eroded. This law firm can help you end the cycle of domestic violence and provide resources to help you understand this cycle. You cannot make it better but you can make yourself whole & prevent your children from inheriting this pattern themselves.
SIGNS OF ABUSE
Contact Information
Address:
27281 Las Ramblas Suite 200
Mission Viejo, Ca 92691
Tel:
949/413-7565
Fax:
949/276-5450
email
escamillalaw_live.com
GENERAL -
Orange County Bar Association
Legal Aid of Orange County
Public Law Center
Find Law
BANKRUPTCY -
United States Bankruptcy Court for the Central District of California
U.S. Bankruptcy Courts
American Bankruptcy Institute
DOMESTIC VIOLENCE RESOURCES
National
National Domestic Violence Hotline
U.S. Department of Justice Office of Violence Against Women
Orange County
Laura's House
Human Options
WTLC
Interval House
ELDER ABUSE
National Center on Elder Abuse
Elder Abuse Forensic Center
Orange County District Attorney Elder Abuse Tips & Resources
CA Adult Protective Services
IMMIGRATION
U.S. Citizen & Immigration Services
Public Law Center (Orange County)
Have you ever felt lost or have been lost? That's what it feels like when your in an abusive relationship. Frightened, alone, desperate, and forgotten. When I first met Myava I was nothing more than a shadow of my former self. I didn't realize how transparent I had become over the years. Before Myava, I talked with other law professionals. Although they were helpful with the legalities, I found that they lacked genuine concern and understanding. Myava's dedication and determination to fight for justice on behalf of victims of abuse is unequivocally guaranteed.
I know what it means to need to be heard, understood, and above all to be validated. I also know how difficult it is to trust others after living a life of lies. My decision to open up to Myava was not without apprehension. I was scared. However, Myava's inner warmth and sensitivity quickly took most of the fear away. In addition to her legal background, she also possesses qualities that allowed me to move beyond my insecurities and into strength, confidence and hope.
For those of you living in an abusive relationship, I encourage you to reach out and get help. You are worth it! Myava became my voice when I couldn't speak for myself and she can be your voice too.The light at the end of the tunnel is near.
-Jo
Mayava was instrumental in guiding my wife and me through the bankruptcy process. She was the calm in a very emotional time in our lives guiding us through the maze of paperwork and legal terms that came at us. We felt confident when submitting the various forms that everything was in order and we didnt miss a thing thanks to her efforts. I highly recommend Myava for her professional and caring attitude.
-Dave
"Myava Escamilla gave me outstanding legal services on a high level of professionalism. I was very impressed with the depth of her commitment that she invested into her work. Also, she earned my trust by consistently, patiently and tirelessly responding to my legal needs. Many thanks and appreciations for the efforts, guidance and support. I owe a debt of gratitude to Mrs. Escamilla."
-Anne
"In a time of hardship Myava was there for me every step of the way. Guiding me through with love, compassion and respect and never ending time, talent and expertise. I will never forget what she did for me. All my best"
-Deb
"My name is Karen and I am a victim of domestic violence. I met Myava Escamilla last year in May.The Social Service department arranged an appointment with Myava and I have to tell you that I was very anxious because I was not sure if she was going to understand my situation and my difficulties and how she was going to be able to help me.
What happened next is a sort of miracle. It was as if I met my sister or my mother. Myava looked my case, looked at me and understood me. Myava understood my very broken English because she was listening with her heart. She understood my situation faster than anybody I met before and made me feel that I was in the care of a very special human being.
Myava was able to defend me in a way that I never expected. My fear of having to deal with the idea that I will always remain a victim of my abuser, went away because Myava, through her experience, protected my rights in a wonderful manner.
From the very start through the end of my case Myava has not only been a very experienced person but also very compassionate human being. Myava has always treated me with both respect and professionalism.
I will always remain grateful to Myava for how she treated me and how she defended me."
-Karen
"I would like to thank Myava all her guidance, support and helping me to decrease much of the anxiety that I had about filing for a divorce. I so appreciate Myava's compassion and passion to help others. Myava renewed my belief there are still 'awesome people' out there who truly care and want to help."
-Jan
"At the time of meeting Myava I was pregnant and in a domestically violent relationship with the father of my child. Through the legal advice and sitting in courtrooms with me, Myava was there for me every step of the way, to help me get away from the violent relationship to protect my child. Whenever, I needed her help she was there for me even on weekends. She has an extremely big heart and she is an amazing woman. There isn't enough I can say to thank her for giving me and my son the protection we needed. She is one of the best people who walked into our lives~A True Blessing."
-Tina
Dear Myava,
I just wanted to express my heartfelt thanks for your help with my D.V., restraining order,child custody and divorce case. It is a pleasure knowing you and to work with you. I appreciate your patience, support and understanding. I will definitely recommend you to anyone needing legal services. Keep up the great work! Thanks so much.
-Lia
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"Myava was instrumental in guiding my wife and me through the bankruptcy process. She was the calm in a very emotional time in our lives guiding us through the maze of paperwork and legal terms that came at us. We felt confident when submitting the various forms that everything was in order and we didnt miss a thing thanks to her efforts. I highly recommend Myava for her professional and caring attitude."
"I will always remain grateful to Myava for how she treated me and how she defended me."
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