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About Leon D. Bayer, Esq.
(Top Expert on this page)

Expertise
Personal and small business bankruptcy. Mr. Bayer has successfully handled thousands of bankruptcy cases. You can view his personal web site at:

www.debt-relief-bankruptcy.com



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.
   

You are here:  Experts > Business > Corporate Law > Bankruptcy Law

Questions Answered By Expert  Leon D. Bayer, Esq. 
In Category  Bankruptcy Law

SubjectDate Asked

bankruptcy9/6/2008
  Q: I am separated from my husband i want to get a divorce but first we have to file bankruptcy we owe ...
  A: I'm sure sorry you are stuck with the double misery of debt and a bad marriage. A person is ...
debt relief9/5/2008
  Q: Three years ago my uncle and aunt were co-applicants on a loan for a new RV. My uncle died a year ...
  A: What a sad situation, especially for an older person in bad health and recently widowed. Please ...
Education debt8/29/2008
  Q: Sir, I currently hold a tuition bill that is in default. A collection agency is asking me to pay 30 ...
  A: OOPS! SEE THE CHANGE IN CAPS: I need more information. Student loans are generally not discharged in ...
Car lease in Chapter 78/23/2008
  Q: I have a leased jeep that I have fallen behind in payments and I'm thinking of doing a Chapter 7 ...
  A: Assuming you are qualified for a 7, (and I don't know if you are, to find out you really need an in ...
ok to file BK 13 if you just just started to be self employed?8/21/2008
  Q: I have a friend who lost his job, however, he just got a job working full time on a contract basis ...
  A: The requirement in this regard is that the person who files must be an individual with "regular ...
chapter 7, credit reporting8/17/2008
  Q: My husband and i filed chapter 7 back in 2004 and it was discharged. we were then told our chapter 7 ...
  A: Everything you mention being told about this is completely wrong and mixes up two very different ...
BANKRUPTCY8/15/2008
  Q: Last week I sent my papers to a lawyer and was told that I do not qualify for ch. 7 because me and ...
  A: I am very sorry that you have to go through financial problems, and then you wind up getting layed ...
chapter78/11/2008
  Q: our 20 year old daughter receives ssi it is used solely for her own expenses (car ins, gas, clothes ...
  A: I doubt that someone in this situation would count it as part of household income - unless you are ...
sba loan and bk8/6/2008
  Q: I would like to know if I will be able to keep my home. Sba has lein I filed a CH.7. They are the ...
  A: Chapter 7 does not give a person the ability to remove voluntary liens and mortgages from their ...
Max amount one can discharge in a Chapter 78/4/2008
  Q: If one has $450,000 in medical bills alone, can that entire amount be discharged in a Chapter 7?
  A: That is one heck of a whopping medical bill! I hope you have recovered, and that you are now well. ...
bankruptcy7/29/2008
  Q: If someone has to file ch. 13 (not 7 because of excess income) and then maybe a year later his ...
  A: A person in Chapter 13 can usually withdraw from the bankruptcy if they want to, however, the person ...
School tuition costs7/12/2008
  Q: I had filed for bankruptcy back in 2006. Included in that was costs that New England Institute of ...
  A: I am confused about some key facts, but I'll do the best I can for now with what you have stated. ...
Additional Clothing\Food expense7/2/2008
  Q: On line 39 you are allowed to claim an additonal clothing\food expense of up to $60. If you are ...
  A: Very uncommon. I would expect a lot of resistance. Even if you can prove that you spend the extra ...
Considering Bankruptcy6/27/2008
  Q: I recently received a court summons for a debt that I have which is now over $7000 dollars. At this ...
  A: I am assuming that you have no other debts. If so, I would like to see you work things out and pay ...
credit cards6/24/2008
  Q: I filed chapter 7 last April and already went to the trustee meeting, I had a lot of unsecured debt, ...
  A: Most banks will let you keep the cards if they had a zero balance when you file bankruptcy. I ...
BANKRUPTCY6/23/2008
  Q: I'm married to a wife that has 3 jobs and works about 75 hours a week and we have one child. I live ...
  A: What else does she do with her money? On line #3 the means test (Form B22) requires that you first ...
bankruptcy date6/22/2008
  Q: I need to know what date or even year we filled bankruptcy. We think it was in or around 2000. I now ...
  A: You can get a free credit on line report in a few minutes at www.annualcreditreport.com and I think ...
HOA after bankruptcy discharge6/20/2008
  Q: When I filed bankruptcy Dec 2007, my acct. with the HOA was paid and current. I was told by my ...
  A: This is a very good question, and the law that governs this is very strange, indeed! First of all, ...
bankruptcy date6/17/2008
  Q: I need to know what date or even year we filled bankruptcy. We think it was in or around 2000. I now ...
  A: You can easily get your filing date and case number by running a credit report on yourself. It stays ...
Bankruptcy - Civil Judgment for punitive damages6/12/2008
  Q: I may be included in a law suit with my employer by an employee claiming hostile work environment ...
  A: I am sorry that you are facing this. Unfortunately litigation like this has become all too common. I ...
Types of debt6/10/2008
  Q: Two brothers attempted to take guardianship of our mother. In doing so they hijacked her bank ...
  A: I am sorry that you and your mother are going thru a legal nightmare. I hope it all works out well ...
Bankruptcy6/2/2008
  Q: I worked for my father in law. I was paid a flat amount each month and allowed to use a company ...
  A: I think you need to get an experienced bankruptcy lawyer right away. Look for a lawyer who also ...
bankruptcy5/29/2008
  Q: Does chapter 13 allow the person to save money each month after paying the agreed on amount? Also, ...
  A: It is hard to save money while you are in Chapter 13, because the law requires you to pay all of ...
Tax Refund5/27/2008
  Q: We filed bankruptcy this year. I claimed a tax refund exemption when we filed. I sent in my tax ...
  A: I am sorry, but I think it's your lawyer who is in breach! However, there is so much more that I ...
ch.13 bankruptcy dismissal--refiling5/15/2008
  Q: The Ch.13 Trustee moved for a dismissal of my case due to my moving out of state. He recommended ...
  A: I can see why you are confused about this. I would need to know when your case was filed, and the ...
Chapter 7 & Rental Property5/14/2008
  Q: I am filing for chapter 7 bankuptcy. I have several rental properties with negative equity. When my ...
  A: You need to think this through very carefully, and hopefully with the assistance of an experienced ...
bankruptcy5/7/2008
  Q: My husband and I bought 4 rental properties and have driven up our personal debt to the point of no ...
  A: I am really sorry that you find yourself in this position. Ownership of rental properties can be a ...
LLC bankruptcy on small business5/6/2008
  Q: I have a small LLC trucking business.I have 1 truck and 1 trailer.The fuel prices have put me out of ...
  A: I am truly sorry that you are facing all of this trouble. I am getting lots of phone calls these ...
Social Security funds & bankruptcy4/26/2008
  Q: I signed papers for ch7 Mar 19 and the papers were filed on Mar 21. On Mar 20 I discovered the US ...
  A: I think the money will be exempt as a "disability benefit," because it is so easily traceable back ...
Judgement s and Bankruptcy4/11/2008
  Q: I am unable to pay a credit card and the creditors seized an old car, which did not settle the ...
  A: Judgements are dischargeable in bankruptcy, provided that the underlying debt is the kind of claim ...
2 questions, Chapter 7 & Foreclosure3/29/2008
  Q: My spouse and I filed Chapter 7 and included our home as well. We will be discharged May 08. Will ...
  A: I don't think anyone can answer this question adequately. The basic rule is that a credit report can ...
Bankruptcy /Foreclosue3/28/2008
  Q: I can no longer pay my mortgage. I would like to claim bankruptcy only on my home. Is that possible
  A: I am sorry that you have such financial difficulties. When you file bankruptcy it involves all of ...
Discharge with out reaffirmation agreement3/13/2008
  Q: I filed chapter 7 pro se and indicated that I wanted to reaffirm my car loan. When I spoke to the ...
  A: The reaffirmation has nothing to do with your discharge. Having a reaffirmation or not does not ...
back taxes3/4/2008
  Q: We have back taxes from 1997 - 2004. We have considered bankruptcy if it would clear our tax issue. ...
  A: First off, there is hope. However, I can't try to give you any guidance as to the issues dealing ...
BK as a creditor3/1/2008
  Q: I have a judgment (which I believe is perfected as a lien) against a married couple in WY. The WY ...
  A: Once your lien has been perfected for more than 90 days, it should withstand most things that can ...
settlement threatened with bankruptcy2/24/2008
  Q: We are suing a builder who abandoned our house construction with more than $100,000 in ...
  A: I am terribly sorry that you are going through this. I am sure you realize there is so much to this ...
corporate bankruptcy2/19/2008
  Q: I have been in business for 12 years, an S corp. I have a lot of unsecured business debt that was ...
  A: Creditors holding your personal guarantees can sue you personally and enforce a judgement against ...
corporate bankruptcy2/18/2008
  Q: I have been in business for 12 years, an S corp. I have a lot of unsecured business debt that was ...
  A: I am sorry that you are facing such financial difficulties. The debts that someone discharges should ...
home on wage earner plan2/5/2008
  Q: I (individually) have recently filed chap 13 bankruptcy in Massachusetts. Both my husband and I are ...
  A: I will give you some educated guesswork, which is the best I can do without having the benefit of ...
re-open bankruptcy case2/4/2008
  Q: I wanted to know if I can reopen a bankruptcy case from 2004 instead of refiling? My business has ...
  A: That is a really good question. I assume you filed Chapter 7, unless you tell me otherwise. Your ...
bankruptcy and tax returns1/29/2008
  Q: I filed chapter 7 bankruptcy on January 8 2007. I currently reside in Virginia. I am not yet ...
  A: The assets you get to keep when you file bankruptcy are called "exemptions." That is because certain ...
chapter 7 and tax refund1/28/2008
  Q: my question is we are not discharged yet from the trustee. can he still take our refund? Also, does ...
  A: The assets you get to keep when you file bankruptcy are called "exemptions." That is because certain ...
Reaffirmation & Credit Bureaus1/24/2008
  Q: We filed for bankruptcy in 2005 and reaffirmed with the mortgage company. We are on an ARM loan and ...
  A: I think the problem is with your mortgage company. The credit bureaus basically report what your ...
Gifts as income1/23/2008
  Q: I received a cash gift of $10,000. Is that counted as income for the purposes of determining what ...
  A: This is a very interesting question! The term income is not defined in the Bankruptcy Code. ...
reaffirmation agreement necessary1/22/2008
  Q: I have filed Chapter 7 and I wanted to know if I "do not" sign a reaffirmation agreement and stay ...
  A: You raise a very good question, and exactly the same issue constantly troubles all bankruptcy ...
selling during a bankruptcy1/21/2008
  Q: well i bought a pick up from a private party and when i went back to get the title with my final ...
  A: I am very sorry that you have such trouble over this! Without reviewing the bankruptcy file, and ...
Chapter 71/20/2008
  Q: I live in Florida and am wondering if I can file a chapter 7 on my own or does the new law state I ...
  A: An individual is allowed to file without having a lawyer. One of the requirements in the new law ...
Do you still get a tax return after banckruptcy?1/19/2008
  Q: My wife and I filed for bankruptcy in the year 2007. Do we still recieve a tax return for this year? ...
  A: The assets you get to keep when you file bankruptcy are called "exemptions." That is because certain ...
filing income tax and have been in chapter 13 bankruptcy the past year1/15/2008
  Q: Does this affect my filing? Do I include the amount I have paid for the year?
  A: You prepare and file your income taxes in the normal manner. However, the trustee on your case ...
Old Bankruptcy1/9/2008
  Q: Filed 20yrs. ago in CA. Considering paying debt as listed in bankruptcy. What is the risk in ...
  A: What a fascinating question you have asked! I am very glad for you that you are now in a position ...
Chapter 131/7/2008
  Q: I am three years into a chapter 13. Last Sept. I was flooded out by hurricane Ernesto. I lost ...
  A: I am so very sorry to hear about all of your bad luck. I do hope that the new year of 2008 will ...
tax retuns12/31/2007
  Q: If I file bankruptcy in Janurary, will I recieve a return when I file my tax papers?
  A: The assets you get to keep when you file bakruptcy are called "exemptions." That is because certain ...
bankruptcy and student loans12/29/2007
  Q: This past year I applied for and received a bankruptcy discharge for medical and credit card bills. ...
  A: I am sorry to tell you the chances of someone discharging student loans is not very good. If a ...
chapter 1312/24/2007
  Q: I am in chapter 13 right now and payments are hard to make, can I discharge my chapter 13 myself and ...
  A: I am sorry to hear that you are still having financial difficulty. Hopefully the new year will bring ...
Chapter 13?12/5/2007
  Q: I am in a situation that I must get out from my home, due to recent family death and new found ...
  A: I am so sorry to hear about all this hardship. You can certainly file a 13 and then sell the house, ...
debt11/30/2007
  Q: what debt is included in bankruptcy? and what debt isnt?
  A: Bankruptcy will generally discharge most kinds of debts, (generally things like credit cards and ...
voluntary repo after bankruptcy11/6/2007
  Q: On October of 2004 my wife and I purchased a 2005 Honda CRV. 2 yrs later we filed for Chapter 7 ...
  A: I am sorry you are having this difficulty. As long as you did not reaffirm the loan, you can ...
Bankruptcy10/27/2007
  Q: I filed for bankruptcy in 91' and have received a call from a creditor wanting payment. This ...
  A: Assuming this is not a student loan, (whole different discussion if it is), a person in this ...
In chapter 13, behind on mortgage10/18/2007
  Q: My husband and I had our Chapter 13 plan confirmed in Dec 2006. Things were going good until we had ...
  A: I am very disappointed to hear that you have a lawyer that will not return calls. That is ...
Medical Bills10/15/2007
  Q: I'm in the process of filing Chapter 7. I'm waiting for 70 days to pass since my last cash advance, ...
  A: I am sorry that you are having health problems on top of having financial problems. Medical bills, ...
Bankruptcy vs. incomes earned and options!10/11/2007
  Q: My wife makes @$150-$200K and has about $60K in debt. I make @$125-$150 and have right at $40K in ...
  A: I know, it's very frustrating! However, you are actually handling things very well, all things ...
Teri loan9/29/2007
  Q: Can you tell me if a Teri loan is a federally guaranteed loan. I've researched it and keep coming up ...
  A: I strongly suspect it is not dischargeable. There is no requirement in the law that the loan has to ...
Bankruptcy?9/28/2007
  Q: A little Background: I am a full time student-going to class nearly 40 hours a week. I am getting ...
  A: Bankruptcy will not affect school loans that are in deferment. You sound like a good candidate for ...
Dismissal or Discharge9/26/2007
  Q: I recently had my chapter 13 plan approved but my wife and I have concluded that we won’t be able to ...
  A: Dismissing the bankruptcy will not improve your credit, in my opinion. You already have it on your ...
IRS9/24/2007
  Q: I am going to file for bankruptcy. I owe the IRS taxes from back in 2004. Will that be covered in ...
  A: That depends. A lawyer has to know a few additional facts. I tell my own clients that they should ...
Repayment of Second Mortgage after Chapter 79/17/2007
  Q: Since we never signed reaffirmation papers, or a reaffirmation agreement for or first or second ...
  A: Generally speaking, in a situation like this the house remains as collateral for the second ...
Bankruptcy with a 2nd Mortgage9/5/2007
  Q: I filed chapter 13 bankruptcy in January 2005. I have a 1st & 2nd mortgage on my house. My ...
  A: I am very sorry that things are not working out for you. Your 2nd mortgage is already a lien, that's ...
repossion8/25/2007
  Q: My son is in the Navy. He had his truck repo about two months ago. The bank sold the truck at a ...
  A: I am very sorry that any person, especially a service man, has to be going through this kind of ...
Filing Bankruptcy Questions8/22/2007
  Q: I am an active duty soldier stationed in germany and soon to deploy to Iraq for 15 months. I am ...
  A: In my experience, the court system will bend over backwards to accommodate U.S. military personnel ...
Title IV-E Foster Care Income- is it included in the means test?8/19/2007
  Q: Do you know if title IV-E income is included in a means test? We are in the process of adopting a ...
  A: I believe it will be added to your income for the period received up through and including the month ...
bankruptcy8/10/2007
  Q: My parents are both 60 and my father recently lost his job, and next month his unemployment runs ...
  A: I am very sorry that your parents are facing this. Nobody should have to face something like this ...
CA Chapter 7 and Car Repo7/29/2007
  Q: My chapter 7 discharge was back in 2004 and since then I have lost my job and got cancer and my car ...
  A: I am so sorry you have had so much hardship. Yes, they were allowed to repo your vehicle if you were ...
Bankruptcy7/25/2007
  Q: Can a person who's married file bankruptcy without involving spouse? State NY. Thank You for your ...
  A: A person can file alone without their spouse, but the filing may affect assets that are standing in ...
dismissing bankruptcy7/24/2007
  Q: If I filed BK chapter 7 in April an went in front of the trustee in June an will not receive ...
  A: You do not have the automatic right to dismiss. If you want to try, you have to make a motion to the ...
Reaffirmation and Credit Report7/23/2007
  Q: Our Chap 7 bankruptcy will be discharged in a couple weeks. We have a 2005 Chevy Trailblazer that ...
  A: If you filed bankruptcy on or after 10/17/05, (the effective date for filing a case under the new ...
chapter 137/17/2007
  Q: I live in Georgia and I was wondering if you file chapter 13 and you get dismissed before you are ...
  A: Generally speaking, you can refile right away but the procedural rules are very complex. For one ...
Bankruptcy never reported on credit report as discharged7/16/2007
  Q: I filed a Chapter 7 in March 2001 and everything went fine, but evidently in never got reported to ...
  A: I get so ticked off when I hear about a lawyer who won't give you two minutes of time, especially to ...
discharged bankruptcy amending7/12/2007
  Q: my bankruptcy was discharged in feb-07 i kept the home i am in and now the bank is forclosing ...
  A: Assuming that a person's mortgage debt was properly scheduled in the bankruptcy, and assuming that ...
Student Loan Debt7/9/2007
  Q: I had a bankruptcy discharged in 2002. I was looking through my bankruptcy papers the other day and ...
  A: A good example would be where you are required to make payments to a bank, but the loan has been ...
Student Loan Debt7/9/2007
  Q: I had a bankruptcy discharged in 2002. I was looking through my bankruptcy papers the other day and ...
  A: Student loans were generally not dischargeable if the debt was owed for a loan program made or ...
Credit Cards & Bankruptcy7/8/2007
  Q: Can I file Bankruptcy just on my credit cards they are in my name and not my spouse
  A: Technically speaking, you can do that, but it is not always wise to do so. Even if you file alone, ...
What to do when a business partner declares bankruptcy7/5/2007
  Q: I have a business partner (he and his wife own 51% of our business) who may have to declare personal ...
  A: I am sorry to hear about this. The outcome will depend largely on what kind of bankruptcy they file. ...
Conflict with IRS and bankruptcy7/4/2007
  Q: My bankruptcy was dismissed. The papers from the Bankruptcu show I owe the IRS close to $10,000. ...
  A: The dismissal of your bankruptcy means that you do not retain any of the benefits that the case was ...
Property taxes & bankruptcy6/25/2007
  Q: I was wondering if unpaid property taxes on a mortgaged house dischargeable in chapter 7 bankruptcy? ...
  A: The taxes are not per se dischargeable. However, in many jurisdictions (such as California where I ...
Chapter 13 - Tax refund6/11/2007
  Q: my husband and I are going to be filing bankruptcy this week, I'm all stressed out, the attorney ...
  A: I think your attorney is in the best position to answer your questions, and you should not feel shy ...
Bankruptcy6/9/2007
  Q: 000 dollar school loan and $18,000 dollar car loan and about $12,000 dollars in credit card debit ...
  A: Fred, if you are eligible for Chapter 7 bankruptcy, (there is not enough info here for me to really ...
chapter 7 and car6/4/2007
  Q: I have not filed bankruptcy yet but wanted to know how it would affect my car. I am currently ...
  A: All I can safely tell you is that at some point you will lose the car. I don't know when, because ...
tax refund5/10/2007
  Q: is it true that even if i am under the chap 13 bank. the trustee can not take my earned income ...
  A: Sorry, but the trustee probably will take any tax refund, unless you are in a 100% Plan. However, to ...
Sale of property prior to bankrupcty5/10/2007
  Q: I am buying a rehab property for $30k from a couple that is getting divorced and both are planning ...
  A: You really need to get advice on this from a super knowledgeable, local BK attorney. Somebody with ...
Sale of property prior to bankrupcty5/9/2007
  Q: I am buying a rehab property for $30k from a couple that is getting divorced and both are planning ...
  A: A transfer made by someone who is insolvent and who then winds up in bankruptcy is always subject to ...
Chapter 74/22/2007
  Q: I am married. Can I file chapter 7 alone without messing around with my husbands things. Nothing ...
  A: A person can file alone without their spouse, but the filing may affect assets that are standing in ...
Indiana's Definition4/17/2007
  Q: I did use the Indiana Wildcard Exemption and the trustee assigned to my case has objected stating ...
  A: Here is another approach that you might consider. Indiana has and exemption for 75% of unpaid wages. ...
What is considered "tangible vs. not non-tangible"4/12/2007
  Q: What I am trying to find out is an income tax return considered "tangible personal property"? I ...
  A: The exemption that I found under Indiana law provides $100 on any intangible personal property, ...
Your answer - Gotta Question4/11/2007
  Q: This was myQuestion I do not have an attorney, I had a petition preparer file my bankruptcy. The ...
  A: Please tell me why you can't you claim it under the $4000 wild card exemption? Previously I wrote: ...
Roomate filed chap. 13 including past rent.4/6/2007
  Q: about 3 years ago or so. a roomate of mine quit his job, got racked in debt and also go us evicted ...
  A: There is indeed some protection available to a person who is jointly obligated on a debt with a ...
Income Tax return4/4/2007
  Q: I filed bankruptcy, CH 13, in Oct 2006. I filed my income tax return (1040EZ)in January and ...
  A: Perhaps an argument can be made that you are entitled to "exempt" part of the 2006 refund? You ...
Bankruptcy and Tax Refund4/4/2007
  Q: I do not have an attorney, I had a petition preparer file my bankruptcy. The trustee is trying to ...
  A: Why do you say "other than the standard exemption"? It appears that Indiana does have a $4000 wild ...
university's refusal to release transcript even after the discharge?3/19/2007
  Q: Mr. Bayer, I filed for Ch 7 in Aug 97 and recd. a discharge Nov '97. One of the debts was a part of ...
  A: I believe they would probably have to release the transcripts. Numerous courts have held that the ...
Defeiciency judgement before or after filing BK?3/15/2007
  Q: If a foreclosure results in a deficiency balance against the debtor, can that deficiency be ...
  A: The deficiancy may be discharged in a bankruptcy filed after the foreclosure sale takes place. ...
Geting sued3/5/2007
  Q: I just want to know under florida law,if i applied for bancruptcy about 8 years ago can i get suied? ...
  A: The bankruptcy case does not protect you from debts that you incurred AFTER the date you FILED your ...
Chapter 13 Dismissal3/3/2007
  Q: What happens if I fail to complete the terms of my bankruptcy? I get out before I receive a ...
  A: Basically, you will be giving up the court protection that you have had during the case. If you ...
Assets in bankruptcy3/3/2007
  Q: I filed bankruptcy in 5/2005 and my debt was discharged. I am leaving my job 4/2007 because its ...
  A: At a minimum, a lawyer will need to know which kind of bankruptcy you filed, and whether or not the ...
Report3/1/2007
  Q: bankruptcy code and I was wondering if I could ask you some questions. 1. What is the bankruptcy ...
  A: I think these are very good questions and will result in an excellant report. I hope you get an ...
To file or not to file?2/21/2007
  Q: Our small business has failed and we are in the negative for cash. We have no debt but our landlord ...
  A: I'm sorry to hear about your problem. Your partner needs to consult with an experienced local ...
Judgments2/1/2007
  Q: Can you include judgements in your bankruptcy?
  A: Yes, unless the judgement is based on a debt of the kind that is not dischargeable. Please read the ...
refiling Chapter 131/25/2007
  Q: I was in Chapter 13 and dismissed for not enough payment can I refile again
  A: Unless the court imposed special restrictions when it dismissed your case, you can refile. However, ...
How can late car payments affect a Chapter 71/19/2007
  Q: I have already been qualified to file a Chapter 7 and I am in the process of saving money to pay for ...
  A: There is no legal requirement that you must be current on car payments to file bankruptcy. However, ...
CAN I DO A BANKRUPTCY WITH A JUDGEMENT ALREADY AGAINST ME ON THE CAR1/16/2007
  Q: Behind on carnote 9months was planning on playing catch up around tax season. Was summons to court ...
  A: A Chapter 13 case is always subject to the requirement that the plan is proposed in "good faith." If ...
chapter13 refile1/16/2007
  Q: im in a chapter13 right now, but i recieved a letter from the trustee a motion to dismiss because ...
  A: You may be able to refile, but the proceedures to get a stay against your creditors is complicated ...
Federal Student Loans1/12/2007
  Q: I no longer have the records of my bankruptcy and would like to get them to pass on to the ...
  A: I doubt you can get actual copies very quickly. However, you should be able to go to the local court ...
Paying off Chapter 13 earlier than Plan1/9/2007
  Q: I recently filed Chapter 13 and have pretty decent payment arrangements. That leads me with a ...
  A: What is the percentage of unsecured debt that you are paying? If you are paying 100%, then the ...
Chapter 7 private student loans and cosigners1/7/2007
  Q: My wife and I recently filed chapter 7 in Georgia, we are awaiting our discharge which we have been ...
  A: I believe that the loan can still be paid by the guarantor according to it's normal terms. Your ...
he's not wanting to give up a car1/5/2007
  Q: A long story made short. A friend of mine has a 03 Jag and hasn't made payments on it in 8 months ...
  A: I completely agree with you, your friend is not making any sense. I think his credit is already ...
Bankruptcy & Insurance Claim1/3/2007
  Q: My husband & I filed Chapter 13 Bankruptcy October 4, 2005. Said bankruptcy was discharged in April, ...
  A: I am terribly sorry that you are going through all of this. I am a little confused, because you ...
Bankruptcy Business and Personal1/2/2007
  Q: Several years ago I started a small business (as a sole pr./dba) about 3yrs ago I changed to an ...
  A: I am sorry to hear that your busness was unsuccessful. Financing a business with credit cards is ...
Am I eligible for Chapter 7?12/30/2006
  Q: I am being sued for an auto accident in which the demand is MUCH more than my policy limits. ...
  A: I really can't answer a question like this without the benefit of an in depth personal consultation. ...
Deed in leiu of12/13/2006
  Q: I know this doesn't pertain to BK but do you know the difference that a deed in lieu of instead of a ...
  A: Here is a wild guess: I would expect them both to affect your credit the same, unless the account ...
Bankruptcy 712/11/2006
  Q: We hired an attorney in March and was paid in full in April 1006. This was when we were having ...
  A: What a disaster. I'm really sorry that you are going through this. Facing bankruptcy is tough enough ...
Chapter 13 Dismissal12/6/2006
  Q: We have been in 13 for about 1-1/2 years. Our home in MS was under foreclosure when we filed. I was ...
  A: I am sorry to hear about this. I get very disturbed when lawyers fail to adequately represent their ...
Charge off12/4/2006
  Q: My bankruptcy was discharged 06/2004. Since then I have had no reporting from a Capital One credit ...
  A: I am curious to know if you have contacted your attorney about this? In any event, most likely you ...
bankruptcy loss of house11/16/2006
  Q: if we were to go bankrupt as we have no equity in our home would that mean we could keep our home as ...
  A: Generally speaking, if there is no equity, a person should be able to keep the home provided they ...
bankruptcy11/15/2006
  Q: My debt is 17,000. Half is unsecured debt and the other is for a car that was reposessed. I have ...
  A: I feel your best course is to hire an attorney for debt negotiation. You can probably get these ...
bankruptcy11/14/2006
  Q: The LLC is owned by my siblings and myself. My father is in the process of giving us as much of his ...
  A: A key requirement of Chapter 13 is that your payment Plan must pay creditors as much as the value of ...
bankruptcy11/14/2006
  Q: I filed bankruptcy when my husband left in 2001. My income has dropped and I'm having financial ...
  A: I'm sorry to hear that you are having problems again. Is the LLC owned by your father, or is it ...
What happens to new money after bankruptcy11/13/2006
  Q: I was hoping to settle some credit card debts when I received a settlement from an injury claim that ...
  A: The injury claim is one of your assets, and whether or not your will be allowed to keep it depends ...
Will me filing bankruptcy effect co-signers credit11/12/2006
  Q: I thinking of filing chapter 13, but my co-signer don't want me to include the car. They say it will ...
  A: You don't have a choice. If you file bankruptcy, the car loan will be listed. Your consignor will ...
No attorney and 18 creditors left off the papers11/12/2006
  Q: I filed a ch7 No Asset Bankruptcy in Maryland that was discharged in Feb 06. I went through an ...
  A: You should immediately consult with an experienced local bankruptcy attorney about this. It sounds ...
Chapter 7 Bankruptcy Fees, doing it without a lawyer11/10/2006
  Q: When filing for bankruptcy, do you have to pay the full amount before your attorney mails a letter ...
  A: Financial arrangements are between you and your attorney. Fees vary according to what a client needs ...
new credit11/8/2006
  Q: If I claim bankrupcy can I get a student loan afterwards or within a year? or two years? Can I ...
  A: You should have no problem getting a student loan that you are otherwise eligible for. However, for ...
CHAPTER 7 BANKRUPTCY11/3/2006
  Q: Can payday loans be discharge in a chapter 7 bankruptcy.
  A: Yes! If you are going to file, go to your bank and discuss with the bank on how to stop payment on ...
File Bankruptcy again11/2/2006
  Q: I filed for bankruptcy in July 1999 and have recently be separated in process of divorce from my ...
  A: You can't have another Chapter 7 discharge unless your new case is filed more than 8 years after the ...
bankruptcy10/31/2006
  Q: i am thinking about bankruptcy i owe about 350,000 in back taxes and about 50,000 in back child ...
  A: I am sorry to hear about all of these problems. Unfortunately, what you are looking to accomplish ...
thinking chapter 710/27/2006
  Q: My ex step-dad (47 yo) was in a horrible accident. Now has medical bills from hospital and other ...
  A: I am very sorry this has happened to him. It's more complicated than you think, because he owns a ...
Chapter 13....Chapter 710/27/2006
  Q: My husband and I filed chapter 13 a little over a year ago, we live in Michigan. We filed to stop ...
  A: I'm sorry you are going through this. At least you gave it your best try. I am assuming that you ...
student loans10/25/2006
  Q: I have a lot of debt, my biggest debt is my school loans. my ex-husband refused to pay any of the ...
  A: To answer a question about whether or not to file bankruptcy, an attorney needs much more detailed ...
social security income10/22/2006
  Q: Are social security benefits included in the chapter 7 means test to count as income if there are ...
  A: Your Social Security will not be counted as income for purposes of eligibility under the "means ...
Foreclosures10/21/2006
  Q: Recently I had a conversation with a friend about bankruptcies and foreclosures. It appeared that ...
  A: It will stay on your record anywhere from 7 to 10 years, depending on the type of foreclosure ...
judgement/lein on new home10/20/2006
  Q: how is it that a lawyer tells you everything is fine after filing bankruptcy and then you buy a ...
  A: I'm sorry to hear that you have this problem. Was the lien recorded before you filed bankruptcy, or ...
Banckruptcy Process10/19/2006
  Q: If I go to banckrupcy and I want to buy a house in the near future. Do that impact me very ...
  A: You may be able to discharge the taxes in bankruptcy. Just so you know, income taxes may discharge ...
Back taxes for banckrupcy10/19/2006
  Q: I had accumulated about 30K in debt with the IRS and NY Tax Department. I do not have assets such ...
  A: You may be able to discharge the taxes in bankruptcy. Just so you know, income taxes may discharge ...
bankruptcy and ex husband10/12/2006
  Q: I need some questions answered and not sure where to go. My ex husband just told me he filed for ...
  A: It may depend on what kind of bankruptcy a person files. For example, there is now a provision in ...
Can I still usr chapter 13 for filling??10/11/2006
  Q: I have a dedt ove $30,000.00. And I am just six and tired of it paying for everything.. I just got ...
  A: It sounds to me like you are probably more interested in Chapter 7. Chapter 7 is the kind of ...
how much time between bankrupcies10/10/2006
  Q: My husband had a chapter 7 bankrupcy that he filed in 1998 and was discharged in 1999. We are in ...
  A: A new law took effect on October 17, 2005. Under the new law, the time has been increased from 6 ...
katrina bankruptcy10/9/2006
  Q: bayer, ive been reading alot of these postings trying to educate myself but bankruptcy law seems ...
  A: Please go see a local bankruptcy attorney expert right away. Your husband's interest in the business ...
bankruptcy questions10/8/2006
  Q: My husband and I have considerable (well, in our opinion) debt. We have about $20k in credit card ...
  A: I'm very sorry that you are going thru all that, but it sounds like you can probably get out of it ...
FILING BANKRUPYCY10/7/2006
  Q: I AM THINKING ABOUT FILING BANKRUPTCY. MY CAR IS PAID FOR AND I AM WONDERING IF IT WOULD BE TAKEN ...
  A: For starters, see the "Exemptions" section in my bankruptcy guide at: ...
My Credit History10/5/2006
  Q: I have paid off all of my bills but 3 even though most of them I am settled for the settlement offer ...
  A: Frankly, I am rather puzzeled. If you are thinking about bankruptcy, why did you already pay out any ...
mortgage bk 13 and credit worthiness9/28/2006
  Q: I read from a expert in real estate investments regarding bk chapter 13 which I beleive maybe in ...
  A: I think the "rules" on this are ambiguous. I believe that the Chapter 13 case can remain on a ...
Liens included in ch 7 bkruptcy9/20/2006
  Q: We filed for CH 7 in April 2005, both person & included a small business that I owned. It was ...
  A: I really am sorry that you are in this mess. At the same instant when you obtained legal title, any ...
Liens included in ch 7 bkruptcy9/20/2006
  Q: We filed for CH 7 in April 2005, both person & included a small business that I owned. It was ...
  A: Have you read the "settlement" carefully? From what you have said, I'm guessing that the settlement ...
Bankruptcy final in 19869/19/2006
  Q: After getting out the paperwork to my bankruptcy I filed in November of 1986 and the bankruptcy was ...
  A: I'm glad you checked on that. If you graduated in late 1980, then your first payment was probably ...
Bankruptcy final in 19869/19/2006
  Q: I filed bankruptcy in 1985 finalizing in 1986. Included was an Illinois loan for beauty school. ...
  A: I'm afraid I might have some bad news for you, along with a suggestion on how to try and resolve ...
judgement lein 4 yrs after bk discharge9/13/2006
  Q: This is coming up now because we are in the process of a re-finance on our home and the title ...
  A: Find out the name and phone number of the "Title Advisor" at the title company that your lender is ...
surrendered car bank doesn't want9/10/2006
  Q: I surrendered a car in bankruptcy and the bank doesnt want it back because it isnt running. Wont ...
  A: You are legally responcible for the car. In some jurisdictions, you can be held responcible for ...
Judgement Lien after Chapter 7 discharge9/7/2006
  Q: One of my credit cards placed a lien on my house. With a chapter 7 discharge, does that lien go ...
  A: The lien does not automatically go away. There is a proceedure that must be followed. If the case is ...
divorce and bankruptcy9/5/2006
  Q: I am currently in divorce proceedings, we don't have any assets together (home, car, etc.), we do ...
  A: You can file your own individual bankruptcy case right now, on your own, (assuming you are otherwise ...
Chapter 139/1/2006
  Q: We had filed a Chapter 13 bankruptcy around a year ago. We have found a lender that will refinance ...
  A: This can only be answered by a lawyer who has reviewed your entire case. If you simply quit making ...
Credit card debt?9/1/2006
  Q: I've heard that even if your credit cards are declared in the bankruptcy, you still have to pay the ...
  A: False! If the court finds that you are eligible for relief, that your debts were incurred under ...
Bankruptcy Credit Reporting Mortgage8/31/2006
  Q: We filed banruptcy (TX) and it has gone throught the court. We did not reafirm our mortgage but ...
  A: I am assuming that you filed before the law changed on 10/17/05. If so, the law did not require you ...
Bankruptcy8/29/2006
  Q: In July of 2005, my husband and I filed for chapter 13. We have since requested a conversion to ...
  A: The new bankruptcy law effective October 17, 2005 provides for an 8 year rule. If your case was ...
getting out of a ch 13 bkt8/25/2006
  Q: we filed a ch 13 bkt 1/2 years ago. it has been difficult to keep up the mortgage payment since the ...
  A: I would not want to suggest that without reviewing your case thoroughly. There might be danger in ...
Hiding Assets and Money in Kansas8/24/2006
  Q: I know of a couple that are in the process of filing bankruptcy (chapter 7). He is doing numerous ...
  A: If the bankruptcy case has been filed, or as soon as it gets filed, you can notify the United States ...
Tax refund & EIC8/21/2006
  Q: I filed my bankruptcy(ch 7) in MN last Oct. before the new laws took affect and it was discharged ...
  A: The trustee will probably agree to pro rate the refund, and let you keep a percentage of the money ...
quitting a job8/17/2006
  Q: My husband hasn't worked in 4 years. He cooks, writes and plays music. I don't have a problem with ...
  A: You asked, " If you haven't worked and don't intend to, how is that fraud?" I didn't say that is ...
quitting a job8/16/2006
  Q: my husband and I must file bankruptcy. He is a musician and also writes. Both of those translate ...
  A: The bankruptcy law examines all household income earned during six months prior to the month that ...
Do i file Bankruptcy or not?8/15/2006
  Q: I currently live in Indiana. My husabd and I have a total amount of credit card debt of around ...
  A: To completely answer your question I would need extremely detailed information concerning your ...
How to file amendment on debt not included in BK8/13/2006
  Q: I have been discharged from Ch.7 since November 2005. I recently got a letter from collection agency ...
  A: I suggest that you immediately inform them of the bankruptcy. The general rule provides that debts ...
roomates and bankruptcy8/10/2006
  Q: I have a roomate and I am filing Chapter 13 in NC They are requiring her income, but not her ...
  A: The only reason I can think of is perhaps you have you given them some reason to believe that the ...
Can I filed bankruptcy again8/8/2006
  Q: I filed bankruptcy back in March 2001 and now I'm being sued civilly by two big name brand companies ...
  A: A person is not eligible to discharge any debts under Chapter 7 until it has been more than eight ...
Judgement lien8/7/2006
  Q: I filed for bankruptcy in 1997 and it was discharged in the same year. Prior to me fiing I recieved ...
  A: I encounter this a lot. When this comes up, I have had very good success talking to the title ...
h8/6/2006
  Q: how strategic is credit repair? how expensive and how long does one ahve to pay for? is it worht ...
  A: The credit repair fixes you are describing sound very bogus to me. The world doesn't work that way. ...
credit repair8/5/2006
  Q: How long does it take for respectable credit to be established after agreeing to repay delinquent ...
  A: I will answer what I can, and for advice that is too case-specific I will have to tell you to see an ...
Tax returns7/30/2006
  Q: My husband and I are going to be filing chapter 7 bk pro se real soon. I know that we have to have ...
  A: After you file, mail a complete copy of your most recent state and Federal returns to the trustee, ...
Lesbian partner's bankruptcy7/26/2006
  Q: We are a lesbian couple living in Ohio. We got married in Ontario, Canada, but are American ...
  A: There are no special provisions regarding gay couples and bankruptcy. If the vehicle is "exempt", ...
Bankruptcy and rent7/11/2006
  Q: We are about to file for chapter 7 and rent an apartment on a month to month basis (we've requested ...
  A: The bankruptcy itself will not cause you to lose your apartment. In fact, I see no reason to inform ...
Changing jobs in chapter 137/7/2006
  Q: Me and my wife filed a chapter 13 bankruptcy last october. Tis spring I was on unemployment for ...
  A: It may be possible to reduce your Plan paments, but there is no way to answer this without making a ...
Chapter 7 or 13??6/29/2006
  Q: My question is: I live in TN. I am a single mom w/3 depen.for tax purposes and I know I need to ...
  A: You have raised a very legitimate question, but there is just not enough information given. That's ...
credit card 90 day rule6/29/2006
  Q: Will you explain the rules surrounding credit card use prior to filing chapter 7? The reason I ask ...
  A: I'm truly sorry to hear about your difficulties. The answer to your question is: Yes, and no. ...
Student loans, divorce & bankruptcy6/27/2006
  Q: My bankruptcy was discharged in 6/2005. Per my divorce degree I'm supposed to pay my ex's student ...
  A: If your attorney seems unable to provide you with effective representation, then you better find ...
Removal of Public Records6/19/2006
  Q: How or what can you do to remove a the fact that you have file for Banruptcy but it has been ...
  A: Bankruptcy will stay on your credit record for 10 years. If it has been more than 10 years, notify ...
abandonment of property after bankruptcy5/31/2006
  Q: My husband and I filed bankruptcy in 2003 and discharged in 2003. My problem is that after we were ...
  A: Here are three ideas that may work. You can call the lender and offer them some money, maybe $50 to ...
credit report5/25/2006
  Q: i am a resident of virginia who do i get the proper credit report from in the proper form? who ...
  A: Bankruptcy is an absolutely incredible legal remedy for people with debt trouble. It really can give ...
Chapter 7 and Spouses Income5/15/2006
  Q: I am in Michigan and am looking at filing for Chapter 7. I would have a hard time passing the means ...
  A: The law is so new that we just don't have definitive court rulings on this yet. However, the "means ...
home equity5/13/2006
  Q: I have a home in my name, my nieces name and her husbands name on title. They, however, are not on ...
  A: For the most part, it depends on where you live. The home equity you can keep when filing for ...
bankruptcy5/4/2006
  Q: In February of this year I became ill and was forced to shut down my Ebay business. Currently I owe ...
  A: You are not alone in this. Many people find themselves in serious debt problems again, and luckily ...
Mariage & Bankruptcy5/3/2006
  Q: I have acquired approx 25,000 in credit card debt. Some prior to getting married and some after. ...
  A: This is a popular question that many people ask. The short answer is you may file a single case by ...

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