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Sally S Chan

Sally Chan’s Answers

19 total


  • A client who said he is the property owner contract with me to provide service on his building but 2 weeks later I find out

    he is not the property owner. Do I have right to stop and cancel service right away?

    Sally’s Answer

    I concur with the information provided above and would like to add - contact a local attorney, investigative company, title search company, or if you have time, go review the current grant deed on the property at the county recorder's office for the owner's name and attempt to contact the owner directly to rule out the possibility that the person hiring you is in fact authorized. Of course, the other way is to ask the current person to produce a power to attorney for authorizing the work signed by the owner. You do not want to risk the liability of wrongfully abandoning a project.
    sally@wthemislaw.com. West Themis Law.

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  • Confirmed Chapter 13 and IRS Bill

    We have a confirmed chapter 13 in Southern California. We have a IRS from 3 years ago which is comprised of an unpaid 401K debt (former employer pocked the money of employee's paycheck instead of paying the debt). It was not presented to the Trust...

    Sally’s Answer

    I strongly advise you to allow your current bankruptcy attorney speak to the IRS. You are still under the federal stay. The IRS cannot speak with you directly unless your attorney agrees.

    Ask your attorney about the trustee's administrative fees to weigh out whether paying the taxes in the plan in worthwhile.

    Sally S. Chan, Esq.
    WEST THEMIS LAW, PC
    wthemislaw.com | sally@wthemislaw.com | 626. 737. 8585

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  • I filed Chap 7 w/ BK atty, it was discharged. A few months later I filed a lawsuit for fraud. I am in pro per.

    A few months later my home was sold in fraudclosure. Def's filed demurrers and say I lack standing because I did not list suit in BK. I have a hearing for May 8 to reopen BK. UD complaint just filed against me. I file motion to consolidate the 2...

    Sally’s Answer

    I strongly advise you speak with an experienced attorney immediately as creditors are increasingly taken stronger positions and holding debtors strictly to what they signed under penalty of perjury on their bankruptcy petitions.

    If you had known that you had a fraud claim against the bank at the time you filed and signed your petition, that needed to be disclosed. Please look into this matter as the time you discovered the fraud matters significantly.

    In bankruptcy, claims that you think you have, whether filed as an actual lawsuit or not, needs to be disclosed. Disclosure does not necessarily mean that the Trustee will immediately liquidate. In many cases, your claim may be exempt from liquidation. And, in many cases, Trustees will opt to abandon tenuous claims.

    If you did not disclose it knowing that you had a claim (regardless how worthless a claim), a defendant can later defend your claim on a judicial estoppel basis.

    Did you file to reopen your bankruptcy or did the Trustee do so?
    Please speak to a bankruptcy and a litigation attorney regarding all your potential consequences and exposure immediately before proceeding on your own to refile and amend that complaint.

    Sally S. Chan, Esq.
    West Themis Law, A Professional Law Corporation
    wthemislaw.com | sally@wthemislaw.com | 626. 737. 8585

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  • How can get my 1 month salary from my employer who has done a fraud with me including 4 more people?

    I worked with PCmart247 (India), for around 3 months, now they say that their partners have left him with no money and remaining people have started the company from the scratch and now they'll not give us our money, this company provides tech sup...

    Sally’s Answer

    I agree with Mr. Chen's direction.

    I'd also like to add that if you are an independent contractor, you should look into whether you were misclassified before assuming that you cannot file your claim as an employee just because you were received a 1099.

    Sally S. Chan, Esq.
    West Themis Law, A Professional Law Corp
    wthemislaw.com | sally@wthemislaw.com | 626. 737. 8585

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  • I'm in chapter 13 bankruptcy repayment program and all my student loans were included.

    Now i know i cannot discharge my student loans but they are getting payments through the bankruptcy. The amount i'm paying out to my trustee is aproximately 60% of my taxable income so everything is tight. How can it be possible for a student loan...

    Sally’s Answer

    I agree with all the attorneys here regarding the garnishments & violation of the stay.

    If you had filed your own bankruptcy, I am also concerned about the feasibility of your plan since you mentioned being tight.
    Student loans do not necessarily have to be paid in the plan.

    So retain an attorney in your area for a broader scope and not just for the limited assistance of just dealing with the tax refund & stay violation.

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  • Can I file chap 13

    My home value is 40 to 50 thousand and I own it free and clear, I owe approx 40 thousand in usecured debt and make 10 thousand a year.

    Sally’s Answer

    I agree with all the attorneys here. While your question appears simple, to derive an answer requires a far more in depth inquiry on at least the following:
    - your total household expenses
    - marital status
    - total assets, including any assets you may expect from trusts, annuities, etc
    - consideration of impact on future business & professional prospects
    - review of the character & basis of your current debt (fraud judgments? Personal loans? Child support? Taxes?)
    - considerations on any recent transfers or preference payments

    The decision on whether or not one should file bankruptcy is a very serious one.
    You must retain an experienced & responsible attorney.
    Never use "document" filers or anyone who claims that they are just as good as an attorney because they have worked as a paralegal for many years.
    Licensed attorneys, at the very least, have a license which required many years of training & testing to obtain.

    This serves, at the minimum, some assurance that your matter will be handled responsibly. Legally, you have a right to rely on the attorney that represents you.

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  • Liability on a Chapter 13 in Miami Rental - I live in Seminole

    Hello, I filed for chapter 13 , to get rid of my rental property in miami and 2nd mortgage. We intentionally dismissed the case on February 17. We refilled the 13 on March 7, to include my house and only had 1 lump sum payment since I had very li...

    Sally’s Answer

    First of all, it is important to note that if you are at fault as to the personal injury or premise liability matter, it may not be dischargeable in a bankruptcy. Debts for judgments in wrongful death or personal injury lawsuits resulting from motor vehicle, vessel or aircraft accidents while you were intoxicated. However, please know that the current claims appears to be disputed. Thus, it is fair to include the claim and argue to discharge it as a "nuisance" valued debt rather than as a personal injury claim.

    Sally S. Chan, Esq.
    WEST THEMIS LAW, A Professional Law Corporation
    wthemislaw.com | sally@wthemislaw.com | 626. 737. 8585

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  • In chapt 7 what qualifies as a priority pay out?

    I was wondering if current income tax bills qualify as a priority payout? I am trying to negeoate a non consunsual judicial lien resulting from a failed piece of commercial realestate. I am trying to avoid bankruptcy and am trying to settle for pe...

    Sally’s Answer

    • Selected as best answer

    Taxes are considered priority unsecured debts that are not dischargeable in bankruptcy. Judicial liens, can be stripped in bankruptcy depending on the situation.

    If you discuss the details of your debt and financial situation with an experienced bankruptcy attorney in OH, they will advise you as to the Ohio's state exemptions so that you have an idea of what the creditor would get in a bankruptcy if you had actually filed.

    Many, but not most, debt collectors are familiar with bankruptcy. They do fear the spector of bankruptcy whether they admit it to you or not. In today's economy, more and more individuals have been pushed to bankruptcy.

    Sally S. Chan, Esq.
    WEST THEMIS LAW, A Professional Law Corporation
    wthemislaw.com | sally@wthemislaw.com | 626. 737. 8585

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  • MY LANDLORD SAYS INAPROPRIATE COMMENTS, COMES TO FIX THINGS, DRINKS WHILE HERE AND WONT LEAVE. i FEAR FOR MY SAFETY.

    CAN I BREAK MY LEASE? MY ROOMMATE ALSO DOESNT LIKE MY BOYFRIEND SO HAS HER THUGS HANGING OUT AND TWO OF THEM JUMPED HIM ONE DAY.

    Sally’s Answer

    You have to look at your lease. As a stretch of a legal argument, perhaps safety is a basis.

    Has your roommate threatened or harrassed you? You might want to consider filing a restraining order and get her on the CLETZ system. If the restraining order is granted, she will not be able to come near you based on the distance she is ordered in the stay away order.

    However, proceed with caution when filing restraining orders. Be sure you have strong basis. If not, the other side you prevail and make you responsible for their attorney fees.

    Sorry about your situation. Any issue with physically violence should involve the police.

    Sally S. Chan, Esq.
    West Themis Law, A Professional Law Corporation
    wthemislaw.com | sally@wthemislaw.com | 626. 737. 8585

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  • I had a fixed arm loan from countywide that went to Bank of America. Been paying loan then lost job.

    Social security has kicked in. Bank of America will not work with me to keep our home. i had the fixed arm with countywide and Bank of America did nothing to help us. Now have forclosure papers. Is there a lawyer that can help us!! We have had law...

    Sally’s Answer

    Perhaps you have been speaking to the wrong attorneys. I frankly do not believe in most loan modification attempts. Whenever I get a snapshot of someone's financial condition, loan modification never appears to be the logical solution. In most cases, it is a choice of either

    1) keep paying the mortgages and do no intentionally fall behind on mortgages with the expectation that bank will be pressured to modify,

    2) let go of the home if it is beyond affordability or far under valued, or

    3) consider bankruptcy 7 or chapter 13.

    For example, if you are behind on your mortgage by $30,000, you have credit card unsecured debt of $60,000, and back taxes of $10,000.

    If you were to pay all of this back in 5 years (60 months), you would be paying at least $1,666 per month (w/o factoring in interest), in addition to your monthly fixed living expenses including the mortgage.

    However, it is possible under chapter 13, depending on your available deposible income, mortgage loan structure, and value of the home, your second mortgage payment can be removed and you would only pay your back taxes and the mortgage payments that you are behind on in addition to keeping your home.

    You should definitely speak to an experienced chapter 13 attorney to discuss your specific situation to see whether chapter 13 is your best option.

    Sally S. Chan, Esq.
    WEST THEMIS LAW, A Professional Law Corporation
    wthemislaw.com | sally@wthemislaw.com | 626. 737. 8585

    See question