Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Leon Bayer
2 Answers | Asked in Bankruptcy for California on
Q: How often can an LLC file for Chapter 11 Bankruptcy?

I am a creditor in an Chapter 11 LLC Bankruptcy. The BK was discharged about one year ago. It appears as though the LLC will not be able to meet its obligations under the plan. The manager of the LLC is threatening another bankruptcy. is this allowed?

Leon Bayer
Leon Bayer
answered on Feb 19, 2024

It is not very common, but it does happen. Obviously, a repeat filing will be a harder row for them to hoe than the first case.

I suggest you get legal representation now, before they pull the trigger. With good representation maybe you can get them to provide you with concessions to make...
View More

View More Answers

3 Answers | Asked in Estate Planning, Real Estate Law, Collections and Landlord - Tenant for California on
Q: Homestead for California exemption questions.

Hi. So, Under the new 2021 Cali law, $300,000–$600,000 of a home’s equity cannot be touched by judgment creditors.

Does this also apply to properties that the homeowner does not live in? What other resources do lawyers have collect a judgement.

Leon Bayer
Leon Bayer
answered on Feb 18, 2024

It applies only to property occupied by you, or your spouse, or a very close family member. See the actual statute, below, for the definitions,... View More

View More Answers

3 Answers | Asked in Consumer Law, Foreclosure, Real Estate Law and Collections for California on
Q: What do I need to do next? Received Notice of Trustee's Sale on a property that we have a lien against.

Non payment of purchase of building materials totaling $20,000.

Is there a way to recoup this loss?

Leon Bayer
Leon Bayer
answered on Feb 15, 2024

Yes, and no. Assuming your lien is validly perfected, you can advance money to the senior lien(s) to reinstate it, which will stop them from foreclosing this time around, and then initiate your own foreclosure process. There is so much to consider before you do anything like that, without much time... View More

View More Answers

3 Answers | Asked in Collections for California on
Q: My employer received an EWO from a levying officer in February 2024. The notice says it's for a debt collection filed

in Sept 2019. I have never received anything in the meantime. I have no idea what this is for. It's never shown on my credit report, nothing received in the mail, no phone calls. Is it legal to be able to garnish my wages now?

Leon Bayer
Leon Bayer
answered on Feb 14, 2024

I'm sorry this has happened to you. Debts get bought and sold all the time, so the original creditor's name might not be on the ewo. You can get a copy of the relevant legal documents from the court, particularly the proof of service and the complaint. The complaint will tell you who the... View More

View More Answers

3 Answers | Asked in Consumer Law and Small Claims for California on
Q: Do I need to use a CA lawyer to sue someone in LA County? I live in Oregon.

I inherited two animation cels (one each of Tom and Jerry) in one frame. I sent them to an animation restoration specialist in Westlake Village, LA County. Estimate to fix and frame them was six months. He has had them for three years despite phone calls and letters asking him to return them. The... View More

Leon Bayer
Leon Bayer
answered on Feb 14, 2024

This sounds like a small claims court case. I doubt it is going to be worth hiring a lawyer, as animation cells are usually pretty cheap. However, if you sue in small claims court you will incur the costs of personally traveling to court and the unlikelihood of ever collecting. In court you will... View More

View More Answers

3 Answers | Asked in Banking and Collections for California on
Q: In California, can I be served debt collection at my old address if people who live there(my old roommates)still know me
Leon Bayer
Leon Bayer
answered on Feb 9, 2024

If the plaintiff claims that you were served, you would have to file a motion to quash service by proving that you don't live there. Keep in mind that the goal of the law is to give a person notice. And you obviously know about the lawsuit. A successful motion to quash does not eliminate the... View More

View More Answers

2 Answers | Asked in Consumer Law and Collections for California on
Q: How many times can a lawyer call you on a secured loan if you only made a half a payment this month
Leon Bayer
Leon Bayer
answered on Feb 7, 2024

Would you like to have the collateral repossessed? Seriously.

I contend that you are thinking about this all wrong. If the caller is the original creditor, I believe there is no limit. Regardless, you don't have to talk to them. In fact, you can hang up on them.

But you should...
View More

View More Answers

4 Answers | Asked in Consumer Law and Arbitration / Mediation Law for California on
Q: I NEED HELP WITH THIS

what are my legal obligations regarding insurance coverage, and what are the consequences if I fail to meet these requirements?

To what extent can the lienholder dictate the specific terms or cost of my insurance coverage? Are there any legal limits to this?

Leon Bayer
Leon Bayer
answered on Feb 7, 2024

I am assuming that your car loan requires collision coverage and that you don't have any.

If so, the contract will allow the lender to buy such coverage for your vehicle and charge you for the cost. Such policies, called "force-placed" in the industry, are very expensive,...
View More

View More Answers

2 Answers | Asked in Consumer Law and Landlord - Tenant for California on
Q: I live in CA & I have 2 storage rental questions

1) My storage lease just increased from $60.50 pm to $75 is this amount considered excessive?

(This economy is killing me)

2)I paid storage rent by email last night but it was processed today and I was charged a $15 late fee. I thought since my agreement is late fee after the 10th... View More

Leon Bayer
Leon Bayer
answered on Jan 11, 2024

It's a fair question. The increase is not excessive provided they gave you 30 days advance notice. It is worth your consideration that most businesses do not have employees available to process payments outside of normal daytime business hours. Because of that, your payment was late, and you... View More

View More Answers

4 Answers | Asked in Bankruptcy for California on
Q: Is there a way I can find out if someone has started bankruptcy proceedings?
Leon Bayer
Leon Bayer
answered on Jan 5, 2024

If you are a creditor, the chances are good that you will receive notice.

However, the bankruptcy courts do maintain a register of case filing information. You can gain access to it here: https://pacer.uscourts.gov/

The Pacer system is not easy to use by a first-timer. You might be...
View More

View More Answers

2 Answers | Asked in Bankruptcy for California on
Q: Is there some kind of relief I can receive if IRS never sent me a balance after chp7 discharge?

Back in 2021 I filed for chapter 7 BK and my attorney said past taxes for 2014 & 2015 are still due as they don't fall under the standard time frame for these to be included. I was told after my discharge the IRS should mail you a letter indidicating what you owe after discharged. Its now... View More

Leon Bayer
Leon Bayer
answered on Jan 4, 2024

Here's what nobody has ever bothered to tell you. If those returns for 2014 and 2015 were filed by you at least 2 years before you filed BK, the taxes are probably discharged.

And that is the best explanation for why you still haven't heard from the IRS about it - they don't...
View More

View More Answers

2 Answers | Asked in Banking, Business Law and Collections for California on
Q: How long does it take to get a court order to collect money from my personal account after my LLC goes out of business?

My corporation is going out of business but the bank account is $5,000 overdrafted. The bank is closing the account and said that as the owner of the business, I am personally liable for the money owed.

Leon Bayer
Leon Bayer
answered on Dec 25, 2023

Things like this normally go through a process of sending you a series of collection letters, and if not paid will eventually go to a collection agency or lawyer. Nobody is going to make a big deal over a $5000 debt unless they can identify assets or income that a court judgment could be enforced... View More

View More Answers

2 Answers | Asked in Consumer Law and Contracts for California on
Q: I bought a used luxury vehicle in 2020. Since the beginning the vehicle has been a lemon. Corporate won't respond. Help.

I bought a used Lexus in CA in 2020. Since I literally left the parking lot, the light on the dashboard has been on. The vehicle is constantly needing service. I have tried several times to contact corporate, but they still have not returned my calls or emails. The dealership is very... View More

Leon Bayer
Leon Bayer
answered on Dec 18, 2023

This is apparently not a lemon law problem. Lemon law applies only to vehicles that are still under the manufacturer's warranty. You bought an after-market warranty. However, you have plenty of very legitimate grievances. The Better Business Bureau and the Calif Dept of Consumer Affairs... View More

View More Answers

3 Answers | Asked in Bankruptcy and Family Law for California on
Q: Why do I have to give my husband’s bankruptcy attorney my income and pension information? We live in California and name
Leon Bayer
Leon Bayer
answered on Dec 14, 2023

Think about it. It's logical. (Also, the law requires it.) Here's why that is.

First, you live in a community property state. The law says that community property belongs to both spouses, even though you yourself don't practice doing that. The law overrides how you and your...
View More

View More Answers

2 Answers | Asked in Real Estate Law, Consumer Law, Contracts and Business Law for California on
Q: Moreno Valley, CA. lien placed on self-storage unit for non- payment. set for auction. I HAVE THE PAYMENT RECEIPT.

June I paid my bill for my storage unit in August I received a notice that I was behind in my payments and payment was due the same day or penalties were going to be placed. it was a mistake when I went to pay my bill for August I was told that I did not pay my bill for June which I have the... View More

Leon Bayer
Leon Bayer
answered on Dec 7, 2023

Problems like this really can't be solved without significant homework. It is urgently necessary to put together copies of all your receipts and then see if it all adds up to the number of payments, (plus any late fees) that should have been paid going back to the beginning of the contract.... View More

View More Answers

3 Answers | Asked in Consumer Law, Civil Litigation and Small Claims for California on
Q: I recently dropped my truck off at the mechanics and they used my truck for personal use.

when my uncle picked up my truck it was hooked up to a trailer, that was not mine. Then when I was looking in my back seat for something I found two ketchup packets from a place that's more than 2 hours from where I live. Then today I found another receipt that was not mine and was dated for... View More

Leon Bayer
Leon Bayer
answered on Nov 21, 2023

You can sue the mechanic. Your claim for damages is going to be the daily rental value of the vehicle. Keep in mind that you must prove the case. Your uncle's testimony will be needed in court. However, ketchup packets normally do not have the name and address of a restaurant. Usually, it says... View More

View More Answers

2 Answers | Asked in Employment Law and Collections for California on
Q: Bank paid out overpay of Calpers retiree benefit after death. I rec'd 50%, now Calpers wants payment of 100% from me.

I didn't have any paperwork associated with the deceased, and the bank wouldn't give us his account # or any other info. Bank of Hawaii received overpayment of Calpers retirement of about $17k. Bank told me they would have to return the money to Calpers before the account was closed.... View More

Leon Bayer
Leon Bayer
answered on Nov 20, 2023

It sounds like this fact situation came right out of playing a game of Monopoly: 'bank error in your favor, collect $200.' The difference is that in Monopoly you get to keep the cash. In real life, you don't get to keep it.

The law strongly favors seeing the bank recover...
View More

View More Answers

2 Answers | Asked in Consumer Law and Contracts for California on
Q: Can a dealership repo my car if the mechanic left tools when fixing a flat tire and somebody stole them?

Mechanic left tools to go get a socket to fit my lug nuts and someone stole them while I was inside getting my purse. Dealer has threatened to repo car if tools are not returned. I don't know who took them. I didn't see any tools when I was at my car.

Leon Bayer
Leon Bayer
answered on Oct 21, 2023

The dealer has absolutely no right to do that. That would be the same as grand theft auto and you can sue his ass off!

The dealer is a jerk. You can set him up. Ask him to put that in an email. If he is stupid enough to do that, use the email to file a complaint with the California Bureau...
View More

View More Answers

2 Answers | Asked in Criminal Law and Collections for California on
Q: If s.o. is arrested & bailed out before the court date,then it is a DA reject & bail is exonerated; isn't bail $ return?

With the DA reject&exoneration of bail,isn't the bail money returned(what was paid in assuredy?)to the person who paid it?& if the case is a DA reject how would the bond company still be able to insist on the monthly payments,as well as the former defendant submitting to daily check-ins w/a photo?

Leon Bayer
Leon Bayer
answered on Oct 20, 2023

Bail bond has not been eliminated across the board. Only in certain classes of cases. It sounds like there is still a bail bond required in your particular case. If so, the payments are required to pay the premium for issuing the bail bond.

A bail bond is actually a personal loan. The...
View More

View More Answers

2 Answers | Asked in Cannabis & Marijuana Law, Car Accidents and Criminal Law for California on
Q: Son hit and run charge and under influence.

Then accident happend in Sept28 2022 he is currently serving a prison term till 11/25 . Prior to this incident Raymond had been on probation Since he violated from the date of 28th of Sept. He has been in custody. The car he was driving was fully insured not his vehicle though So I put a claims... View More

Leon Bayer
Leon Bayer
answered on Oct 18, 2023

I’m terribly sorry for what this must have done to you and your family.

I suspect that your insurance claim will be denied IF your son was a resident of your house.

If he did not live with you, you stand chance that your insurance will cover the property damage. However the...
View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.