Leon Bayer

Leon Bayer Leon Bayer has successfully represented clients in bankruptcy for over 37 years. He is frequently called upon by the media, the California Bar and other associations to provide insight and help educate attorneys on bankruptcy issues.

• Bankruptcy
• Consumer Law

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• Rates, Retainers and Additional Information
  Flat fees for most bankruptcy cases, quoted in advance.

California

Since 1979

President (former)

Los Angeles Bankruptcy Forum

1995 - 1996

Served as president of California's leading insolvency professional's organization, 500+ members.

University of LaVerne College of Law

J.D. (1979)

California State University, Northridge

B.A. (1975)

Volunteer Activities

State Bar of California

2007

I have been recognized by the State Bar of California Bureau of Legal Specialization yearly for the past 10 years.

California State Bar # 89027

Member

1979 - Current

Best Bankruptcy Book

Bayer, Wishman & Leotta

Foreclosure Survival Guide

Nolo

The New Bankruptcy and You

Nolo

Marketing Today: What is SEO Optimization? How and When Can You use Social Media to Boost Your Practice? Does the Phone Book Really Still Work?, 2016 Winter Leadership Conference - Consumer Corner, Palos Verdes, California

American Bankruptcy Institute

Other programs include: Los Angeles Lawyer’s Club and the Daily Journal Corporation, from 1999 until the program was discontinued in 2009; Speaker on bankruptcy case law developments at the State Bar of California Annual Meetings, 1984, 1986, 1987, 1988, 1989; Various bankruptcy law educational programs presented by the California Bankruptcy Forum, L.A. Bankruptcy Forum, Office of the United States Trustee, Lorman Education, and many others, too numerous to mention.

Marketing Today: What is SEO Optimization? How and When Can You use Social Media to Boost Your Practice? Does the Phone Book Really Still Work?, 2016 Winter Leadership Conference - Consumer Corner, Palos Verdes, California

November 17, 2016

American Bankruptcy Institute

Other programs include: Los Angeles Lawyer’s Club and the Daily Journal Corporation, from 1999 until the program was discontinued in 2009; Speaker on bankruptcy case law developments at the State Bar of California Annual Meetings, 1984, 1986, 1987, 1988, 1989; Various bankruptcy law educational programs presented by the California Bankruptcy Forum, L.A. Bankruptcy Forum, Office of the United States Trustee, Lorman Education, and many others, too numerous to mention.

Certified Bankruptcy Law Specialist

California State Bar

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

9 July 2018

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

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

28 June 2018

A: 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 automatically as it started, on or about July 1, 2018 unless you get a court order specifically extending the automatic stay prior to that date. Maybe it is time to walk away from the house? I am sorry about being so blunt. I mean you no offense, and only seek to inject some common sense in a painful situation. Sometimes we bite off more than we can chew. While I hope you have a good outcome, I don't see the seeds of that success in the facts that you have laid out. It may be that there is simply no solution that can allow you to continue owning the property. I'm guessing this is a rental property, that you are dependent on the income, but can not afford the mortgage?

Q. What are the requirements to file for Chapter 7

28 May 2018

A: 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 what your really need to know, is for you to meet with a bankruptcy specialist. A modern bankruptcy case is no a do-it-yourselfer.

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

7 May 2018

A: 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.

27 April 2018

A: 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 call, never a letter, because they are afraid to put their fraudulent representations in writing, (that would be the Federal felony of Mail Fraud). And the collector often says weird and legally inappropriate things, like "we will serve you friday and you're going to get fired." It is unlikely that a bill collector will ever say you are going to be served on this day or that day. Process servers don't want to give you a heads up, they want to catch you by surprise so that the service can be completed. Here's what you can do: Demand that they validate the debt in writing, by showing you proof that they you owe the debt and that they are legally entitled to collect it. I would be very surprised if they come back with anything. You can also point out that a lawyer has told you the debt appears to be time barred by the statute of limitations, and if so you won't pay them anything. Do all of what i suggest, and I'm confident you won't ever hear from them again. Good luck.

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

28 March 2018

A: 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?

27 February 2018

A: 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 help you find the way to pay for your bankruptcy case. https://www.avvo.com/legal-guides/ugc/bankruptcy-fees-are-affordable

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?

26 February 2018

A: 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 like this is good for general guidance, but not appropriate for specific advice like "you don't have to worry about this or you should be worried about that." The reason being that we don't have the entire file and we don't know all the details about the situation that are necessary to know to advise you correctly. 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.

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

20 February 2018

A: 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.