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Questions Answered by Leon Bayer

5 Answers | Asked in Bankruptcy for California on

Q: Does the bankruptcy means test take into consideration that I have three kids?

Leon Bayer answered on Jul 9, 2018

Yes it does. The bigger your household, the more generous are the deductions.

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2 Answers | Asked in Bankruptcy and Collections for California on

Q: Please advise what is the best way to approach it.

In the last few years I am battling with the mortgage company to save my second house. I tried to get a modification from the lender but unfortunately without success.

Since 2015 I field three BK 13 because of financial hardships, and to stop the sale process and obtain a modification.... Read more »

Leon Bayer answered on Jun 28, 2018

Generally speaking, multiple bankruptcy filings to frustrate the legitimate actions of a lender over the same property are difficult, and will usually, but not always, be unsuccessful.

The court does not like to be used as a revolving door for anyone to have all the benefits of the...
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4 Answers | Asked in Bankruptcy for California on

Q: What are the requirements to file for Chapter 7

Leon Bayer answered on May 28, 2018

Assuming your case will be what we call a "consumer" bankruptcy, you will have to pass the "means test", have the required credit counseling, and establish that your living expenses are reasonable, necessary and uses up all of your disposable income.

But there is an awfully lot more that...
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3 Answers | Asked in Bankruptcy for California on

Q: my lender still took my car after I told them I filed chpt 7 I was also evicted

I suffered a heart attack and other disabling issues and could not work and my bills suffered too.

I filed chapt 7 and I was still evicted even though I filed an automatic stay to the court

I the clerk says she didn't have to send it up to the judge and it say in my case but... Read more »

Leon Bayer answered on May 7, 2018

I am terribly sorry that all of this is happening to you.

Unfortunately it is not possible to give you an armchair answer from long distance. A lawyer will need to review the actual file. For example, there might not be a stay for someone who has filed multiple times. Or, a land lord who...
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3 Answers | Asked in Bankruptcy and Consumer Law for California on

Q: A lawyer called me about a credit card debt from 2008 said they were going to sue me I live in Monterey California.

Can they legally make me pay. He also said they are gonna serve me papers at the place of employment friday and I could possibly get fired

Leon Bayer answered on Apr 27, 2018

I smell something really wrong. I doubt they are legit. And I believe there never was any such debt.

First, the statute of limitations in California is only 4 years from the date of default. It sounds like they have no right to sue even if the debt ever was legit.

There is a lot of...
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3 Answers | Asked in Banking and Bankruptcy for California on

Q: Can I get my judgement paid from someone who filed bankruptcy and was discharged but didn’t list me as a creditor?

I have a judgement. I put a lien against their bank account. The bank was listed in their bankruptcy so they won’t release the money to me. I was notified by the bank there was a bankruptcy. The filer didn’t forget to list me. He filed at the same time he submitted statements to the court in... Read more »

Leon Bayer answered on Mar 28, 2018

Your debt is considered discharged whether or not the debt was listed, unless you have a legal basis to object to the discharge.

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2 Answers | Asked in Bankruptcy for California on

Q: Took out a loan to pay bills and now having trouble paying loan back, can I file bankruptcy?

Meaning the loan paid off the credit cards plus other things and the cards are now all closed. After about 5 months I am finding it hard to continue to make the payments on the loan. Can I file for bankruptcy?

Leon Bayer answered on Feb 27, 2018

I agree, it's high time to consider bankruptcy. Most BK lawyers will give you a free consultation so you can find out if it's going to be good for you. I suggest that you not hesitate to consult several or more lawyers. You will find there are big differences between lawyers in what they know, what... Read more »

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4 Answers | Asked in Bankruptcy for California on

Q: If filing chapter 7 and I am a co-signer on an auto loan, the primary person should be able to continue paying the loan?

Leon Bayer answered on Feb 26, 2018

No, not necessarily. The lender is entitled to insist on having you reaffirm the loan. That is because the practical effect of your bankruptcy is eliminate the benefit the lender currently has of having you as a cosigner. Remember, they would not trust loaning money to the other person without a... Read more »

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2 Answers | Asked in Bankruptcy and Gov & Administrative Law for California on

Q: I am a financial advisor and declared bankruptcy Due to a lost court case. Can I still practice in my field afterwards?

Bankruptcy was not due to mismanagement of my own funds, nevertheless still a BK. My financial license is inactive at this time, can I reinstate it once BK is final and still continue to do the only job I know. I stay in California.

Leon Bayer answered on Feb 20, 2018

You will find out in any event when you go to reactivate your license.

In my opinion, I expect your license will be activated unless you have committed the same kind of offense that would keep anyone else from having a license. The BK, by itself, should not prevent the renewal of your...
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2 Answers | Asked in Bankruptcy for California on

Q: Can my ex-husband come after me if I file bankruptcy & he's responsible for credit cards I agreed to pay in the decree?

I am considering filing for bankruptcy. My business has failed, and my debt is just insurmountable. I am recently divorced, and two of the credit cards that will be part of the bankruptcy were listed in the divorce decree as my responsibility to pay. My ex-husband is still the primary on those... Read more »

Leon Bayer answered on Feb 9, 2018

The bankruptcy law says that obligations arising out of a divorce decree are not dischargeable. In the is case, you may discharge the debts you personally owe to the individual credit cards, but your ex remains liable and you remain liable to your ex to hold him harmless - by reimbursing him for... Read more »

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2 Answers | Asked in Bankruptcy for California on

Q: The chapter 7 Trustee is going after the equity in the house , how can I stop him ?

My wife and I are legally seperated , the house has always been hers , but added me to help pay the loan , we have a verbal agreement that if our marriage did not work out that the house is hers .

Leon Bayer answered on Jan 9, 2018

I think the best advice you are going to get is for you to consult with an experienced BK lawyer immediately.

Among other things, a knowledgeable lawyer will ask you certain questions, so be prepared to provide: Who filed the BK, how much is the property now worth, how much is owed on it,...
Read more »

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5 Answers | Asked in Bankruptcy for California on

Q: Can I write off hospital bills in bankruptcy?

Leon Bayer answered on Jan 3, 2018

Assuming that you are otherwise eligible for a bankruptcy discharge, your hospital bills may be discharged in bankruptcy.

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2 Answers | Asked in Bankruptcy for California on

Q: How do I remove the DISMSD/CLSD CH7 on my credit report? We didn't go through the BK process and was never delinquent.

With a pending lawsuit, which was dropped, we had to file BK. However, a settlement was reached, the lawsuit dropped and the BK dismissed by the Federal judge. We were never delinquent on any bills/credit obligations. NO ONE got hurt (our credit reports shows that). Yet, everyone is... Read more »

Leon Bayer answered on Dec 13, 2017

I feel for you, but I'll explain why it won't get cleared up. It is going to remain on your credit report for 10 years. It will stay there because your credit report is a summary of how you have handled your financial obligations. You actually did file bankruptcy. Filing it was your choice.... Read more »

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4 Answers | Asked in Bankruptcy for California on

Q: Are there attorneys that handle a Chapter 7 bankruptcy?

Leon Bayer answered on Dec 11, 2017

OMG! There are hundreds of attorneys who limit their law practice to handling only bankruptcy cases. You might want to look for lawyers who are certified specialists by the California Bar Association.

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1 Answer | Asked in Education Law and Bankruptcy for California on

Q: Can I get Navient student loans forgiven if I am homeless & was not able to work in the industry i went to school for?

Approx 50,000 in navient loans with accrued interest. Stemming from Los Angeles Film School. I graduated 3.98 goals and worked in the film industry for a couple years but now I live back in SAN Diego, have gone back to working as a programmer (when I'm working), and have recently become homeless.... Read more »

Leon Bayer answered on Dec 11, 2017

The short answer is that you cannot automatically discharge your old student loan*. However, you may discharge it, if you successfully sue the lender in bk court on the grounds of "undue hardship."

I recommend that you do some simple research yourself on the subject of a bankruptcy "undue...
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4 Answers | Asked in Bankruptcy for California on

Q: Need to file bankruptcy My parents house is under my name but it's not mine.

house was bought in 2008 with my name with first time buyer benefits.

one time deposit with my bank account and never made payments with my account afterwards.

my parents has all the records of paying the loan.

2 years ago, the ownership of the house was transferred to my... Read more »

Leon Bayer answered on Dec 11, 2017

I'm not surprised by the reaction of the other lawyer. I almost didn't even want to post an answer.

The problem here is whether or not the transfer of the house is a fraudulent transfer. You say it's not your house, and it never was your house. However, the use of your credit and "first...
Read more »

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3 Answers | Asked in Bankruptcy, Consumer Law, Civil Rights and Education Law for California on

Q: I'm a single mother going to school to finish a nursing program. I have 30000+ in studLdebt. Can I prove unude hardship?

I was told I cannot prove undue hardship because I may someday after the program be able to pay. (Loans obtained fraudulently from a for profit college in trouble with the fed govt) So 3 years from now I may get a job nursing. All the while accruing interest on these loans. I support my son on... Read more »

Leon Bayer answered on Dec 11, 2017

The short answer is that you cannot automatically discharge your old student loan*. However, you may discharge it, if you successfully sue the lender in bk court on the grounds of "undue hardship."

You will probably find that the requirement of "undue hardship" sets a much more difficult...
Read more »

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3 Answers | Asked in Bankruptcy for California on

Q: If l start a bankruptcy in California can I move Florida and finish there?

Leon Bayer answered on Nov 29, 2017

YOU CAN NOT have the case transferred from California to Florida without a HUGE amount of hassle. To try would require filing a motion for change of venue. It is highly advisable for you to meet in person with a bankruptcy lawyer before you do anything. Depending on your situation, it could make... Read more »

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3 Answers | Asked in Bankruptcy and Lemon Law for California on

Q: Will bankruptcy affect my lemon law case if I include the vehicle the case is for in the bankruptcy?

Leon Bayer answered on Nov 29, 2017

The law requires you to include all assets, including claims that you have, such as your lemon law case, include all assets, such as your car, and include all debts, such as a car loan. You have no choice in the matter.

However, the effect that a bankruptcy will have on such matters depends...
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3 Answers | Asked in Bankruptcy for California on

Q: In California discharged ch7 including all student loans. Student loan collections still coming after me. What can I do?

The Judge signed and discharged all debt including student loans. I am then told student loans won’t discharge. The Judge signed off on ALL debt listed no exceptions so why are they not handled that way by collection agencies? I need a lawyer to help me.

Leon Bayer answered on Nov 27, 2017

The short answer is that you can not automatically discharge your old student loan*. However, you may discharge it, if you successfully sue the lender in bk court on the grounds of "undue hardship."

I recommend that you do some simple research yourself on the subject of a bankruptcy "undue...
Read more »

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