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Questions Answered by Leon Bayer
5 Answers | Asked in Bankruptcy for California on
Q: my friend is filing for bankruptcy over a $24,000 credit card bill

Igave her a check for $ 10,000 to cover rent and expenses for next 6 mos.

shes afraid to cash the check at her bank because shes afraid the court or creditors may discover it and stop the bankruptcy or worse

is there a way for her to cash the check or receive funds... Read more »

Leon Bayer
Leon Bayer answered on Jun 25, 2021

With all due respect to you, why is this a "do it yourselfer" without a lawyer? If you can afford to plunk down a check for 10K, then spend another $2k and get her a top BK lawyer to handle this thing correctly. Other questions and issues almost always arise in a case. This is not the... Read more »

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1 Answer | Asked in Collections for California on
Q: Can I sell or donate my car without a title if debt collection is past the statute of limitations in CA?

I would like to dispose of my car (scrap/donate or sell) and I am unsure if that's legal without a title. The loan was closed by Wells Fargo in July of 2016 and sold to debt collectors. It appears that debt collectors can still try to recoup the money, but legally cannot sue me for the... Read more »

Leon Bayer
Leon Bayer answered on May 25, 2021

I do understand the problem. But without clear title you wont be able to do either of those things. You might look into leaving the car parked on the street, and call the city to tow away an abandoned car.

1 Answer | Asked in Collections for California on
Q: I'm owed $125,000 the customers received $2 million in ppp money the building is owned by holding co

can these be attached

Leon Bayer
Leon Bayer answered on May 24, 2021

The best answer a lawyer can give you for the time being, (without the opportunity to discuss the case at length with you and to see relevant document), is going to have to be, "I hope so."

If you sue, you may be able to obtain attachment orders against the various assets by...
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1 Answer | Asked in Contracts and Collections for California on
Q: I was in a car accident, the physical therapy office sign a lien. Then sent me to collections. Do I have any recourse?
Leon Bayer
Leon Bayer answered on Apr 28, 2021

You owe them for treating you, UNLESS the contract says that payment is contingent on a successful recovery in a case against the party at fault for the accident.

2 Answers | Asked in Bankruptcy, Contracts and Banking for California on
Q: Can my sugar daddy get me jailed knowing that I don't have control of his money.

I'm kinda stuck and confused on something. I'm trying to leave my sugar daddy but he is trying to get me jailed because he thinking I'm trying to steal from but what happens was he put money in my account about $4000 but the money he put in was fraudulent. I told he that the bank... Read more »

Leon Bayer
Leon Bayer answered on Apr 18, 2021

As the saying goes, if you sleep with dogs you're going to get fleas.

I suggest you tell him to go right ahead and call the police. The police won't care, and if they behave true to form they will tell him this is "a civil matter" and they won't even take a report....
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4 Answers | Asked in Bankruptcy and Collections for California on
Q: Bank of America is suing me for not paying business card debt of $7000. I feel this is unfair practice in a Pandemic

Bank of America is suing me for not paying business card debt of $7000. I offered them half, they didnt agree. I cant pay more since Covid has affected business and I need to pay my employees. $7000 is the pay of one employee in my office for 2 months. Bank of America is restricting my ability to... Read more »

Leon Bayer
Leon Bayer answered on Apr 18, 2021

If you are very sensitive or prone to anger, than stop here and read no further because you are not going to like this.

Frankly, I think your pain is largely self inflicted. If you can afford to pay 50% now, I have to believe you could have avoided a default and simply continued to pay the...
Read more »

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8 Answers | Asked in Bankruptcy for California on
Q: We are thinking of filing bankruptcy, one lawyer wanted to charge $4k, how can I find a more affordable option to file?

Our combined debt is about $40K and we cannot afford to pay such a high price for a lawyer right now. We want to be able to buy a home in the near future, and are considering settling each debt individually or filing BK if that would be more affordable.

Leon Bayer
Leon Bayer answered on Apr 8, 2021

That fee sounds like it is twice as much as your case should cost!

Here are links to two articles I have written which I know will help you alot:

https://www.mybankruptcy.lawyer/best-bankruptcy-lawyer/

https://www.mybankruptcy.lawyer/how-pay-your-bankruptcy-lawyer-5-hacks/

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3 Answers | Asked in Bankruptcy, Consumer Law and Contracts for California on
Q: How much can a pawnbroker charge in interest for money loaned in California ?

Gave jewelry as collateral- got a loan for $13000 = trying to buy back items from pawn broker who want $27942.26

Can they charge that much interest?

The paperwork states 45% charge annual is that loan sharking?

Leon Bayer
Leon Bayer answered on Mar 5, 2021

Good question. 45% may be too much. Here is a link to all of the rules: https://law.justia.com/codes/california/2007/fin/21200-21209.html

Pawn Shops in California are regulated by the California Department of Justice, which enforces the California Financial Code and regulations requirements...
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3 Answers | Asked in Bankruptcy, Contracts, Admiralty / Maritime and Business Law for California on
Q: What option do we have to avoid bankruptcy as freight forwarder hit by per-diem charges for container storage?

We are a freight forwarder and at the brink of filing for bankruptcy. Our client, the shipper, ran out of warehouse space to accept shipments and instead had the trucking company hold the containers for over three months. The shipping company charges detention or per-diem fees for the containers... Read more »

Leon Bayer
Leon Bayer answered on Feb 23, 2021

You should immediately consult an attorney to review all the contracts and any other paperwork. Without seeing the contracts, there is no way to answer your question.

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5 Answers | Asked in Bankruptcy for California on
Q: Does the bankruptcy means test take into consideration that I have three kids?
Leon Bayer
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
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...
Read more »

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4 Answers | Asked in Bankruptcy for California on
Q: What are the requirements to file for Chapter 7
Leon Bayer
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...
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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
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...
Read more »

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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
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...
Read more »

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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
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
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... 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
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
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 license.

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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
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
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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