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Los Angeles Bankruptcy Lawyer Warns: “Don’t Co-Sign Any Loans!”

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Co-signing a loan can make you liable for someone else's debt problems.

I know a few things about money, but I know a whole lot more about people who don’t have any. I’m a bankruptcy lawyer in Los Angeles. Maybe I can help you by sharing some real life stories about a few people who already filed one. Co-signing on a loan is a major reason why many people wind up filing bankruptcy. This is Part 2 of our continuing series discussing ordinary financial mistakes that people make all the time. Very often these mistakes are the reason why many of landed them in bankruptcy court.

In this installment, I’ll be discussing co-signing a loan, and explain why it is one of the leading reason why many so many well intentioned people are forced into bankruptcy. To me this is the saddest mistake on our list of bankruptcy causes, and probably is the easiest one to avoid. A co-signor is usually a person with good credit who’s doing a huge favor for someone else who has bad credit, often for a co-worker, friend or family member. I put being a ‘co-signor’ into a file cabinet labeled, ‘let no good deed go unpunished’.

When you have co-signed a loan, you have involved yourself in someone else’s money issues, and what was their problem has now become your problem. Here’s why: as a co-signor, you are just as responsible to pay that debt as the other person is, and your good credit and your personal responsibility is being put on the line to the guaranty timely loan payments for someone else.

A popular misconception exists about what it means to be a ‘co-signor. A common belief is that you are just a character reference for the other person, with no personal responsibility. Car dealers especially foster this belief, because it’s easier for them to talk you into doing something that your brain may be telling you not to do. They want to make a sale. If the customer doesn’t have good credit, the sale can’t happen without a co-signer. That’s where you come in. The dealer minimizes a co-signor’s responsibilities, and doesn’t care what might happen to you down the road if the ‘primary’ borrower defaults. By the way, there is no legal difference between being the ‘primary borrower’ and being the ‘secondary’ borrower. Those are not even real legal terms.

When a lender says that a loan applicant needs a co-signor, they are really saying that the applicant is unreliable and can’t be trusted to repay the loan, (of course, they will say it more nicely than I just did). A dealer’s typical ‘come on’ to badger you into being a co-signor is, “it will just help So-and-So establish their own credit,” and “you will just be ‘secondary’ on the loan so it can’t hurt you.” My advice is don’t believe any of it.

Late pays by the other person will quickly destroy the co-signor’s own good credit, and if there is a complete default the damage may get much worse with law suits and wage garnishments against the co-signor.

Lenders are experts at spotting who to reject. If you are asked to be a co-signor, ‘run for the hills.’ Remember, this is first and foremost about your own personal money. You could end up with ruined credit and be forced to pay for someone else’s debt. When a bank or loan company is requiring a co-signor, maybe you should take the hint and stay out of the picture?

IN THE NEXT INSTALLMENT: I’ll share some REAL case histories from our files about co-signor’s forced into bankruptcy.

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ABI Site Now Lists Bankruptcyblogger.org

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BankruptcyBlogger.org is added to ABI's Blog Exchange

The Bankruptcyblogger.org has just been added to the Blog Exchange of the American Bankruptcy Institute.

The American Bankruptcy Institute is the largest multi-disciplinary, non-partisan organization dedicated to research and education on matters related to insolvency. ABI was founded in 1982 to provide Congress and the public with unbiased analysis of bankruptcy issues. The ABI membership includes more than 13,000 attorneys, auctioneers, bankers, judges, lenders, professors, turnaround specialists, accountants and other bankruptcy professionals providing a forum for the exchange of ideas and information. In fulfillment of its mission to provide information to its members, journalists, Congress and the public, ABI is engaged in numerous educational and research activities, as well as the production of a number of publications both for the insolvency practitioner and the public.

We are very proud of our new found place among the other fine publications and educational endeavors of the ABI.

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LOS ANGELES BANKRUPTCY STORIES – How Others Went Wrong

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Which Way to Bankruptcy Court?

 

I know a few things about money, but I know a whole lot more about people who don’t have any. I’m a bankruptcy lawyer. 

During the past 30 years I have practiced bankruptcy law in Los Angeles, California. Los Angeles is aptly known as the world’s Bankruptcy Capitol.  Practicing law in L.A. has provided me with a wonderful laboratory to study why people file bankruptcy. Roughly half my clients might have avoided bankruptcy if they knew what I know about people who already filed one. In this series, I’m going to share some real case histories. Maybe it will help someone.  

My bankruptcy clientele has covered people from every conceivable walk of life. A sampling of my clientele includes major lottery winners, doctors, lawyers, actors, financial advisors, ministers, dentists, priests, rabbis, politicians, teachers, fortune tellers, housewives, gardeners, parking attendants, nurses, factory workers, military, and even a few heiresses.

We can learn from other people’s mistakes, and I have learned a lot from my clients. By the way, I’m not afraid to run out of bankruptcy work by sharing this with you. Most of these things defy plain common sense, but people let their emotions overrule logic and they just keep doing them anyway. If you avoid doing the things on this list, the chances are very good you’ll never be my client:

  • Why you shouldn’t co-sign a loan
  • If married, why you shouldn’t have ‘his and hers’ separate bank accounts and separate credit, (most married couples who come to us have kept separate individual accounts, and we rarely see couples who manage all of their money jointly)
  • Don’t build a dream house, (it’s an easy way to lose the house you live in, the one you’re building, plus your marriage)
  • If you are in business, why you need to keep accurate, up to date books and daily business control (or else you may be the last person to know why you lost your business)
  • If you own a business, don’t put family on your payroll
  • Why you shouldn’t make investments with money that you have borrowed against your home or withdraw retirement savings to buy a business
  • Why you should pay cash for your RV, boat and other toys, or else don’t buy them
  • Why you shouldn’t buy a small business

THE NEXT ARTICLE TO APPEAR IN THIS SERIES WILL BE:   Why you shouldn’t co-sign a loan – Real Life Bankruptcy Cases

Copyright 2012 by Leon Bayer and Bayer, Wishman & Leotta

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L.A. Bankruptcy Court Warns Bad Trouble Awaits Chapter 7 Filers If No Lawyer

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Is it true: No Lawyers - Save Money?

In a monumental case study of the troubles that await debtors filing bankruptcy without a lawyer, the United States Bankruptcy Court, Central District of California has issued yet another dire warning.

This warning applies to everyone who files Chapter 7 without a lawyer.

If you file Chapter 7 without a lawyer in Los Angeles, (and also including the counties of Orange, Riverside, San Bernardino, Ventura and Santa Barbara), your chance to successfully complete the case and receive a  Chapter 7 discharge of your debts is only about 61%. 

If you file Chapter 7 represented by a lawyer, the odds of successfully receiving a discharge of debt will soar, reaching  95%. 

Sadly for those who do it, about 39% of all Chapter 7 cases filed without a lawyer end in failure, (even for those who use self-help services from a bankruptcy petition preparer).

The United States Bankruptcy Court, Central District of California is vast and covers the areas of Los Angeles, Riverside, San Bernardino, Orange, Ventura, and Santa Barbara counties.

The study is entitled Access to Justice in Crisis: Self-Represented Parties and the Court .

Chapter 7 is considered to be the bankruptcy case of choice for most people trying to find relief from credit card debts, unsecured loans, and medical bills. Discharge  is a critical milestone for having a successful Chapter 7 case. Without it, there is no ‘fresh start.’ 

The same court study also states that the number of self-represented debtors that manage to get to confirmation of a Chapter 13 plan is 0.4 percent – (less than one-half of one percent), clearly demonstrating that it is nearly impossible for self-represented debtors to succeed in Chapter 13.

This report is a sad reminder that you have little chance of a successful bankruptcy case in the Central District of California if you file without an experienced bankruptcy lawyer.

Leon Bayer and Jeffrey Wishman of the Los Angeles bankruptcy firm Bayer, Wishman & Leotta, are bankruptcy specialists who each have more than 32 years of successful bankruptcy law experience with Chapter 7 and 13 cases. They offer free bankruptcy consultations, reasonable fees and payment arrangements that can suit most budgets.

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L.A. Bankruptcy Court Warns Chapter 13 Filers: No Chance Without a Lawyer

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Don't Act As Your Own Lawyer

NO LAWYER, NO CHANCE
The United States Bankruptcy Court, Central District of California has issued a dire warning to everyone who files Chapter 13 without a lawyer.
If you file without a lawyer, your chances of gaining successful approval of your Chapter 13 bankruptcy plan in the district are less than 1%, (even if you use self-help services from a bankruptcy petition preparer). The United States Bankruptcy Court, Central District of California is vast and covers the areas of Los Angeles, Riverside, San Bernardino, Orange, Ventura, and Santa Barbara counties.

The study is entitled Access to Justice in Crisis: Self-Represented Parties and the Court.

Chapter 13 is considered to be the bankruptcy case of choice for most people trying to save their homes from foreclosure. Confirmation of a Chapter 13 Plan is a critical milestone for having a successful Chapter 13 bankruptcy case.

Confirmation occurs if the court issues an Order approving the debtor’s proposed reorganization. This happens at a court hearing if the court finds that the Plan meets all of the necessary legal requirements. Failure to obtain confirmation approval normally results in the dismissal of the case, or conversion to a liquidation of assets under Chapter 7. The failure to obtain a confirmed Chapter 13 Plan often results in foreclosure of the debtor’s property.
The court study states that the number of self-represented debtors that manage to get to confirmation of a Chapter 13 plan is 0.4 percent – (less than one-half of one percent), clearly demonstrating that it is nearly impossible for self-represented debtors to succeed in Chapter 13.

This report is a sad reminder that you have little chance of a successful Chapter 13 case in Los Angeles if you file without an experienced bankruptcy lawyer. Leon Bayer and Jeffrey Wishman are bankruptcy specialists who each have more than 32 years of successful bankruptcy law experience with Chapter 13 cases.

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Top Five Things People Do Wrong Before Bankruptcy

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After 33 years of Los Angeles bankruptcy work, I’ve seen tons of heartache and damage caused when people do things wrong before they file bankruptcy. Sometimes it’s too late for us to help. Sometimes, though, we are able to step in and find solutions.

That’s what we do at Bayer, Wishman & Leotta, and we enjoy doing it because we get to help real people every day. We don’t waste time. We get right to the most important issues that our clients face and we explain the solutions. Our law firm is based in Los Angeles, California, with several locations and you can call us direct at (800) 477-3111.

But what are some of the things people do wrong before they file bankruptcy? We know people do these things because of the stress and confusion they face when they are getting collection calls, having wages garnished, are in foreclosure, are being sued or having liens placed against their property. If you know someone facing debt trouble like this, do them a favor and send them this article.

So here are the top five things you should avoid doing if you need debt relief or you’re thinking about bankruptcy.

DON’T TAKE ADVICE FROM FAMILY OR FRIENDS

It is common for well-meaning friends and family to make suggestions or tell you to do things that are actually harmful to your situation. We’ve written about this in our Human Guide To Bankruptcy because it is a problem that keeps popping up. See TheBankrputcyGuide.net–Common Mistakes.

For example, friends might tell you to transfer assets out of your name (see below), send “cease and desist letters” to your creditors, hide assets, or to run up your remaining credit card balances before you file bankruptcy. These are examples of actions that will cause you trouble for various reasons or possibly could ruin your chances of getting bankruptcy relief.

Many of these mistakes are based on bankruptcy “myths” that are simply wrong. For more specific information just type the word “myths” in the search box at the top right hand side of this page. You’ll get some articles that will open your eyes and hopefully steer you away from bad advice from friends and family.

DON’T TRANSFER ASSETS OR MAKE BIG CHANGES BEFORE GETTING LEGAL ADVICE

People with debt problems are often afraid that their property and assets will be taken away. So they consider transferring assets or even hiding them, or perhaps simply omitting certain assets (or debts) from their bankruptcy paperwork (Schedules of Assets and Liabilities). Don’t do this.

There’s a real good chance you’ll get to keep all your assets even if you file bankruptcy, but only if you do it honestly. That’s because there is a complex system of “exemptions” in bankruptcy that will help you keep your property. Or punish you if you try to be sneaky! You need a certified expert in bankruptcy to guide you.

For more information on this topic, see Common Bankruptcy Mistakes That Will Wreck Your Case Before You Ever Get To Court.

DON’T HIRE THE WRONG LAWYER (OR THE CHEAPEST)

Lots of preventable things go wrong for folks that hire an inexperienced lawyer or the cheapest lawyer. For example, we’ve talked to people that lost assets that might have been protected; that failed to discharge taxes that might have been dischargeable or that even had their bankruptcy denied.

Some of these people filed under the wrong chapter or got bogus instructions for things they should or should not do before, during and after bankruptcy. And to make matters worse, you might have to go to multiple court hearings or meetings just because your attorney made simple mistakes. Don’t let this happen to you.

Go see a certified bankruptcy specialist. We’ve said before that hiring a discount lawyer is like buying a cheap and unsafe car. You may hope that it will get you to your destination, but you might break down or crash along the way and become a victim. Bankruptcy law has many intricacies and complications, and they are like potholes, pitfalls and hazards on your road to a fresh financial start.

DON’T AVOID LAWYERS SIMPLY BECAUSE YOU HAVE NO MONEY

Our first meeting with clients is a free consultation. All of our clients can afford this. Other bankruptcy lawyers do this as well. But be forewarned—there are huge differences in the thoroughness and quality of a free consultation among bankruptcy lawyers.

Speaking for Bayer, Wishman & Leotta, this meeting is an excellent opportunity for you or anybody with debt problems to get a comprehensive analysis of their legal rights and options. And if this free consultation does not result in a need for our services, then you will walk away with the full benefit of our advice and our encouragement.

Okay, that’s the first meeting. But if you need to actually pay a bankruptcy lawyer, how will you do it? Well, stop and think for a moment about the monthly debt payments you are making right now. We will help you understand how you can pay a lawyer and the ways you can afford it. For example, when appropriate, we will advise a bankruptcy client that it will be OK to stop paying their credit cards. We don’t want our client to throw money away, and that should free up enough money to get their lawyer fees paid within a reasonable time.

But whatever you do, don’t avoid the opportunity to get good legal advice simply because you think you can’t afford it. There will be a way to get you a fresh start. You don’t need to stay mired in debt!

DON’T GET DISCOURAGED

Money problems can be depressing and frustrating because it often seems that there is no solution that is just right for your circumstances. This is true for people even after they talk to a lawyer!

But no matter how confusing or frustrating it seems, don’t give up! An experienced bankruptcy lawyer—a certified specialist that cares about you—will take the time necessary to explain things and will help you find solutions.

And a good lawyer will be there, and be available to you, to explain things during the entire process–even after your bankruptcy case is finished.

Avoid making these key mistakes and you will be on your way to fair and honest bankruptcy relief. Good luck.

Bayer, Wishman & Leotta is a full service bankruptcy firm. We have offices in Downtown Los Angeles, the San Fernando Valley and Long Beach, California. Our attorneys are Certified Specialists in consumer and small business bankruptcy and you may reach us at (800) 477-3111. Check us out on AllExperts.com. Also, for lots of valuable bankruptcy information, look for us at TheBankruptcyGuide.net, our Human Guide to Bankruptcy.

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From KALW Radio: Listen Now – Chapter 13 Bankruptcy, FICO Scores and Stripping Liens From Underwater Property

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I fielded some questions on the radio recently about FICO scores, about when people should “walk away” from a house and mortgages, and about whether it’s possible to use Chapter 13 to “strip” or remove junior liens and mortgages on an underwater property. These are common questions or issues for people considering bankruptcy in the Los Angeles area.

You can listen to a short portion of my discussion on the radio (below) and it may help you or someone you know that is struggling with an underwater property and too much mortgage debt. In particular, Chapter 13 bankruptcy can be used in some situations to strip away and erase liens from your underwater property. If you know someone in this situation, send them a link to this article and tell them to listen to the clip–and then to contact a Los Angeles area bankruptcy lawyer that is a certified specialist.

This clip is from my recent appearance on KALW Radio on a program called “Your Legal Rights” hosted by Chuck Finney. “Your Legal Rights” is a great radio format hosted by a real pro (Chuck Finney) who takes calls from listeners with specific problems and questions.

Listen to

And just in case you don’t like to listen to radio clips, I’ve included a transcript of this portion of the program from January 4, 2012 below. The two voices you hear in this clip are me–LEON BAYER, and Chuck Finney, the “HOST” of the program.

Bayer, Wishman & Leotta is a full service bankruptcy firm. We have offices in Downtown Los Angeles, the San Fernando Valley and Long Beach, California. Our attorneys are Certified Specialists in consumer and small business bankruptcy and you may reach us at (800) 477-3111. Check us out on AllExperts.com. Also, for lots of valuable bankruptcy information, look for us at TheBankruptcyGuide.net, our Human Guide to Bankruptcy.

 

[Start of Transcript]

LEON BAYER:  People have an almost religious reverence about their FICO scores, their credit score and it’s misplaced. If they’re already maxed out on all their accounts, and really are just, you know, robbing Peter to pay Paul, taking cash advances from one creditor in order to make a round robin of credit card payments that month to the other creditors. Uh, Chuck asked a really good interesting question a moment ago about when should somebody walk away from their house?

HOST:  Yes. Continued…

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Is My Income Too High for Bankruptcy Relief in Los Angeles?

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To qualify for bankruptcy relief in Chapter 7—and get a discharge of debts—a person must now meet specific income eligibility rules. In other words, if you have too much income under these rules, you are forced into Chapter 13 or you simply won’t qualify for a bankruptcy case.

This is because in 2005 Congress added a complicated set of rules that Los Angeles bankruptcy lawyers and others must apply before they can tell you that you will qualify for bankruptcy relief in Los Angeles.

These complicated rules are sometimes loosely called the MEANS TEST, but in reality they create a two-step process to sort out who will qualify easily and who will have to apply the more difficult Means Test formula, and pass that test, before they qualify for Chapter 7.

Of course, we are very pleased when our clients are earning good money, especially after periods of extended unemployment. If you are back or almost back to earning a good income, don’t take chances with the rules explained below—visit us at Bayer, Wishman & Leotta right away! Here’s an important TIP: the rules look at your income in the last 6 months, so you may easily qualify for debt relief in bankruptcy now, but not if you wait until your income increases. Regardless of your situation, talk to an expert as soon as possible to see how the rules will affect your case.

For a detailed discussion (and important links on this topic) you can visit our Human Guide to Bankruptcy and see section on The Means Test & Bankruptcy Abuse [insert link]. Some of the key terms involved and used here are linked to their definitions at our Human Guide.

The eligibility rules for bankruptcy divide all bankruptcy filers into Continued…

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Posted in Chapter 7, Choosing A Lawyer.


Rare Antique Bankruptcy Document Presented to Downtown Los Angeles Bankruptcy Law Firm

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Los Angeles, CA: Bankruptcy in the News

On February 1, 2012, the Los Angeles law firm of Sulmeyer Kupetz celebrated the 60th anniversary of its founding, and a rare antique bankruptcy document was presented as a gift to the firm by the Los Angeles bankruptcy lawyers of Bayer, Wishman & Leotta.

The document is highly significant to legal history scholors because it is an actual 1883 handbill printed in London, England, to announce the availablity of pre-printed legal forms designed especially for use by bankruptcy trustee’s. The members of Sulmeyer Kupetz today include two prominant Los Angeles Bankruptcy Panel Trustees, Howard Ehrenberg and Elissa Miller.

Blackfriars Bankruptcy Forms - 1883

In a recent press release, we explained that the document originated from the printing house of Blackfriar’s Printing and Publishing Co., Limited, Fleet Street, London, about 1883. The document is a price list for the available bankruptcy law forms, pursuant to the BANKRUPTCY ACT, 1883 (English), with prices quoted in the old British pence and shillings. To see a higher quality image of this rare document, click here.

The forms offered include a Notice of Creditor’s Meeting, Notice of Intention to Declare Final Dividend, Estate Cash Books and various other bankruptcy forms used for noticing creditors with events transpiring in bankruptcy cases. The document states that the various legal forms being offered are either in accordance with forms prescribed in the Bankruptcy Rules, or have been authorized by the Bankruptcy Department of the Board of Trade. Continued…

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Los Angeles Bankruptcy Lawyer Says A Short Sale on Your Home Could Soon Mean More Income Taxes

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A critical “tax relief window” is quickly closing for financially strapped homeowners.

This could be very important in the Los Angeles area since real estate values here are still trashed and loan balances are still high. But let’s see if I can explain why this matters to bankruptcy lawyers and people that might need a short sale.

A 2007 tax law allowed homeowners to basically ignore the “income effects” of a short sale. Prior to 2007, a short sale created cancellation of debt (COD) “income” on a homeowner’s federal tax return. That’s because the homeowner was legally responsible to pay the entire debt, but some of that debt was “forgiven” by the lender when the short sale closed.

So the part of the debt that the lender forgave (or wrote off) was a benefit to the homeowner and was considered “income.”

For homeowners that may want to do a short sale…, this is an important news item. …unless you are planning to file bankruptcy (see below), there’s not much time left to get the short sale process started and completed before the helpful tax treatment will expire.

Because of the housing crisis, Continued…

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