Sally S Chan’s Answers

Sally S Chan

San Gabriel Litigation Lawyer.

Contributor Level 6
  1. Credit repair after BK?

    Answered almost 3 years ago.

    1. Sally S Chan
    2. Jonathan David Leventhal
    3. Kathryn Ursula Tokarska
    4. William W. Fife III
    5. Dorothy G Bunce
    5 lawyer answers

    Many of my clients that just received a discharge in their bankruptcy would receive significant credit card companies offering small credit lines at high interest rates and annual fees. Prior to filing bankruptcy, they received no credit card solictation for years. If you budget permits, you should get one of these credit cards and begin rebuilding your credit. A chapter 7 bankruptcy stays on your credit for 10 years while a chapter 13 bankruptcy remains on your credit for 7. It does...

    Selected as best answer

  2. Time barred debt question

    Answered almost 3 years ago.

    1. Frank Wei-Hong Chen
    2. Sally S Chan
    3. Richard Scott Lysle
    4. Frederick William Schwinn
    4 lawyer answers

    I concur with the attorney above. In order to prevail on a demurrer, you must first assume that all matters alleged in the complaint is in fact true. Thus, if the facts you have to support your defense of a time bar/statute of limitation, is not alleged and/or written in the complaint, a demurrer may not be the proper motion. A statute of limitations matter is considered an affirmative defense. Affirmative defenses for your matter can also include any defense in fact or law that would...

    6 lawyers agreed with this answer

  3. Bank filed NOD 2 days before BK Filing - what happens

    Answered almost 3 years ago.

    1. Sally S Chan
    2. Jonathan David Leventhal
    3. Steve Dashiak
    4. Bradford Darrin Calvin
    5. Adam Brooks Arnold
    6. ···
    6 lawyer answers

    Filing bankruptcy halts any creditor actions with a federal bankruptcy automatic stay for the duration of the bankruptcy until any creditor files a motion for relief of the automatic stay. If the creditor has a valid basis, then the stay is lifted and the creditor can recommence the foreclosure action. Please also note that since you are actually attempting to sell your home yet you filed bankruptcy, make sure you obtain a release from court to allow you to sell while in bankruptcy....

    5 lawyers agreed with this answer

  4. Confirmed Chapter 13 and IRS Bill

    Answered almost 3 years ago.

    1. Dorothy G Bunce
    2. Jonathan David Leventhal
    3. Derek R. Caldwell
    4. Sally S Chan
    5. Walter C Oney Jr
    5 lawyer answers

    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

    3 lawyers agreed with this answer

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

    Answered almost 3 years ago.

    1. Sally S Chan
    2. Kathryn Ursula Tokarska
    3. Douglas Charles Michie
    4. Alan D. Walton
    4 lawyer answers

    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,...

    3 lawyers agreed with this answer

  6. 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.

    Answered almost 3 years ago.

    1. Sharon Leslee Crommett
    2. Sally S Chan
    3. Kathryn Ursula Tokarska
    3 lawyer answers

    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...

    2 lawyers agreed with this answer

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

    Answered almost 3 years ago.

    1. Sally S Chan
    2. James Louis Miller
    3. Catarina Maria Benitez
    4. Frank Wei-Hong Chen
    4 lawyer answers

    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...

    2 lawyers agreed with this answer

  8. Can I keep my tax refund after my bankruptcy?

    Answered almost 3 years ago.

    1. Alan D. Walton
    2. Dorothy G Bunce
    3. Mher Asatryan
    4. Kathryn Ursula Tokarska
    5. Sally S Chan
    5 lawyer answers

    This is a common mistake by inexperienced attorneys, or individuals that retained "document assistants." I have witnessed this matter first hand where an individual that had no property, and sought to use the $20,000 CA wild card exemption and paid about $2,000 for an inexperienced attorney. He forgot or didn't know that he had to disclose that he was expecting a $3,000 tax refund shortly after his bankruptcy filing. The Trustee wanted to earn his 10% commission and to show the debtor by...

    2 lawyers agreed with this answer

  9. Is my Boss able to take away my commission without notice

    Answered almost 3 years ago.

    1. Michael Robert Kirschbaum
    2. Seth Edward Tillmon
    3. Sally S Chan
    4. Nicholas M. McLeod
    5. Frank Wei-Hong Chen
    5 lawyer answers

    I agree with each attorney's input and would like to add the following: An employer is liable for withholding unpaid sales commissions. There are laws that may provide compensation for you in excess of what was originally owed. Your legal fees may also be paid by the employer if your employer’s refusal to pay your sales commission was made in bad faith if this matter is handled in civil court rather than through the labor board. It is crucial to note that you cannot waive your right...

    2 lawyers agreed with this answer

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

    Answered almost 3 years ago.

    1. Christopher Frederic Ikerd
    2. Sally S Chan
    3. Kathryn Ursula Tokarska
    3 lawyer answers

    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...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful