Questions Answered by Leon Bayer

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

5 Answers | Asked in Bankruptcy for California on
Answered on Jul 9, 2018
Leon Bayer's answer
Yes it does. The bigger your household, the more generous are the deductions.

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

2 Answers | Asked in Bankruptcy and Collections for California on
Answered on Jun 28, 2018
Leon Bayer's answer
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 automatic stay without paying your way for that benefit, every month, on time. That is the debtors bankruptcy bargain. You must pay for protection.

Your automatic stay will likely terminate just as...

Q: What are the requirements to file for Chapter 7

4 Answers | Asked in Bankruptcy for California on
Answered on May 28, 2018
Leon Bayer's answer
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 has to be looked at, and there is no way to dig deeper without a complete analysis of a baker's dozen of other factors that may or may not apply to any particular case.

The best way to know...

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

3 Answers | Asked in Bankruptcy for California on
Answered on May 7, 2018
Leon Bayer's answer
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 already has a writ of possession might not be subject to a stay. Go see a lawyer immediately if you seriously want to understand your rights.

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

3 Answers | Asked in Bankruptcy and Consumer Law for California on
Answered on Apr 27, 2018
Leon Bayer's answer
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 criminal scamming and fraud taking place to scare people into paying debts that never existed, so be careful. I think that is what is going on here.

These things always come up in a phone...

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

3 Answers | Asked in Banking and Bankruptcy for California on
Answered on Mar 28, 2018
Leon Bayer's answer
Your debt is considered discharged whether or not the debt was listed, unless you have a legal basis to object to the discharge.

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

2 Answers | Asked in Bankruptcy for California on
Answered on Feb 27, 2018
Leon Bayer's answer
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 they charge, and their level of friendliness.

------------------------------------------

Wondering how you will pay for a bankruptcy when you are broke? Here is an avvo guide that may...

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?

4 Answers | Asked in Bankruptcy for California on
Answered on Feb 26, 2018
Leon Bayer's answer
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 cosigner, and they probably still feel that way.

You should discuss the benefits and detriments of reaffirmation with your own BK lawyer.

It is time for you to get a lawyer. A forum...

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

2 Answers | Asked in Bankruptcy and Gov & Administrative Law for California on
Answered on Feb 20, 2018
Leon Bayer's answer
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 license.

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?

2 Answers | Asked in Bankruptcy for California on
Answered on Feb 9, 2018
Leon Bayer's answer
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 what he has to pay because of your defaulting on the divorce decree.

I suggest you let him know your situation, so that he has a chance to save his own credit from ruin if he decides to pay...

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

2 Answers | Asked in Bankruptcy for California on
Answered on Jan 9, 2018
Leon Bayer's answer
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, is a lawyer representing the person who filed bk, when was the house purchased, date of marriage, date of separation, value on date of separation, here did the money come from to make house payments...

Q: Can I write off hospital bills in bankruptcy?

5 Answers | Asked in Bankruptcy for California on
Answered on Jan 3, 2018
Leon Bayer's answer
Assuming that you are otherwise eligible for a bankruptcy discharge, your hospital bills may be discharged in bankruptcy.

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.

2 Answers | Asked in Bankruptcy for California on
Answered on Dec 13, 2017
Leon Bayer's answer
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.

Contrary to what you say, you did not "have to file." You could have litigated the suit without filing bankruptcy.

But, you filed because the filing gave you certain privileges that worked...

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

4 Answers | Asked in Bankruptcy for California on
Answered on Dec 11, 2017
Leon Bayer's answer
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.

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?

1 Answer | Asked in Education Law and Bankruptcy for California on
Answered on Dec 11, 2017
Leon Bayer's answer
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 hardship" discharge of student loans, and see if you think you have a case.

If you think so, submit a new question with the details of why you think you might be able to qualify for the "undue...

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

4 Answers | Asked in Bankruptcy for California on
Answered on Dec 11, 2017
Leon Bayer's answer
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 time buyer" status made it possible for the home to be purchased. And, the transfer from you to your parents gave them a $250k windfall! I assume your parents couldn't get their own financing. Who...

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

3 Answers | Asked in Bankruptcy, Consumer Law, Civil Rights and Education Law for California on
Answered on Dec 11, 2017
Leon Bayer's answer
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 standard than what it sounds like it would be.

Almost everyone with a student loan payment probably feels like it is an "undue hardship" on them, but that is not what that term means in the...

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

3 Answers | Asked in Bankruptcy for California on
Answered on Nov 29, 2017
Leon Bayer's answer
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 more sense to file in Florida, or more sense to file in California. I'm sorry I can't be more specific, but the question does not contain any information about your financial affairs, so I have nothing...

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

3 Answers | Asked in Bankruptcy and Lemon Law for California on
Answered on Nov 29, 2017
Leon Bayer's answer
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 on the situation in your actual case. It might have no effect, or it might have a detrimental effect. The best way to find out is to have a personal consultation with an experienced bankruptcy lawyer...

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

3 Answers | Asked in Bankruptcy for California on
Answered on Nov 27, 2017
Leon Bayer's answer
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 hardship" discharge of student loans, and see if you think you have a case.

If you think so, submit a new question with the details of why you think you might be able to qualify for the "undue...

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.