AboutLeon D. Bayer, Esq. Expertise Personal and small business bankruptcy. Mr. Bayer has successfully handled thousands of bankruptcy cases. You can view his personal web site at:
Experience Experience in the area A practicing attorney since 1979, Mr. Bayer is a founding partner in the law firm of Bayer, Wishman & Leotta (1989) and is a Certified Specialist, Consumer & Small Business Bankruptcy Law, by the State Bar of California Board of Legal Specialization.
He has served as President, 1995-1996 of the Los Angeles Bankruptcy Forum; Member - Los Angeles County Bar Association Committee on Commercial Law & Bankruptcy, 1988; Member, Law Advisory Commission-Personal & Small Business Bankruptcy Law of the State Bar of California, 1996-2000.
His publications include ?The Essentials Of Chapter 13,? Daily Journal Report, December 18, 1987; Contributing Editor, Basic Bankruptcy, California Practice Handbook, Matthew Bender 1992, 1993, and as Reviewer and Contributor for a CEB ?Bankruptcy Practice (2003).
Mr. Bayer has been a frequent law lecturer for numerous programs, including the semi-annual Bridging the Gap program for the Los Angles Lawyer's Club and the Daily Journal Corporation, 1999, 2000, 2001 and 2004, State Bar of California Annual Meetings, 1984, 1986, 1987, 1988, 1989; California Bankruptcy Forum, and programs presented by the United States Trustee.
Media appearances include TV: KCAL9-Various interviews as Bankruptcy expert for 2 part series with Reporter Alan Mendelson, How to Survive the Recession, 3/02; also Unmasking a Debt Negotiation Scam, 5/02; 11/03, EXTRA - various interviews as legal expert regarding celebrity bankruptcy cases including Burt Reynolds, Anna Nicole Smith; RADIO: Frequent guest-bankruptcy expert on the Benjamin Dover Show, KFI; Sunday Edition, public affairs program-1/03, 97.1 FM, and Your Legal Rights (2/04) on KALW-FM (91.7), San Francisco, California, KGIL AM.
Publications Author, ?The Essentials Of Chapter 13,? Daily Journal Report, December 18, 1987.
Contributing Editor, Basic Bankruptcy, California Practice Handbook, Matthew Bender 1992, 1993.
CEB Consultant, CEB-Personal and Small Business Bankruptcy Practice in California, 2003.
Awards and Honors President, 1995-1996-Los Angeles Bankruptcy Forum; Member - Los Angeles County Bar Association Committee on Commercial Law & Bankruptcy, 1988. Law Advisory
Commission-Personal & Small Business Bankruptcy Law of the State Bar of California, 1996-2000
MR. BAYER SAYS: The big banks and credit card companys have been working overtime for many years to undermine the Consitutional right of the American people to be able to claim bankruptcy protection. In 2005 the banking lobby successfully convinced Congress and the President to make the laws and proceedures more complicated, hopeing that it will stymie legitimate people from filing bankruptcy. They succeeded in gaining these complex new legal proceedures by greasing the legislative system with hundreds of millions of dollars in "campaign contributions." The good news for the American people is that while the new laws have made the proceedures needlessly complex to the point where inexperienced people can't help but trip over the maze of new rules and regulations, the process is still doable, especially with a lawyer who is well trained and experienced in this specialty.
Expert: Leon D. Bayer, Esq. Date: 8/17/2008 Subject: chapter 7, credit reporting
Question My husband and i filed chapter 7 back in 2004 and it was discharged. we were then told our chapter 7 bankruptcy will be for 5 years.Now the laws have changed, and now we hear from other sources its now 7 or 8 years! Does that apply to us?
Answer Everything you mention being told about this is completely wrong and mixes up two very different legal requirements.
It used to be that a person could discharge debts in Chapter 7 every six years. That changed with the new law, effective October 17, 2005 and that requirement is now eight years from the date that the old case was filed. If you need to file again, the new law applies to you.
What I think what you are concerned with is the length of time that the bankruptcy will appear on your credit record. That time is 10 years, and it has not changed since, (I believe) the 1970's when it used to be 14 years.
Don't despair! I find that most people can acquire credit again quickly after a bankruptcy if they have personal financial stability - a stable income, no lingering debt problems, living within their means.
