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Sally J. Elkington

Sally J. Elkington

Helping Good People with Bad Problems
  • Bankruptcy
  • California
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Summary

Sally Elkington and James Shepherd are partners at Elkington Shepherd LLP. We file chapters 7, 11, and 13 bankruptcies. We represent Creditors on a case by case basis. We prosecute and defend lawsuits that are filed in Bankruptcy Court. Both of us are "hands on" attorneys. You will deal with us directly on your matter. Between the two of us we have over 40 years of bankruptcy experience. Our office is located in downtown Oakland with ample parking and 1/2 block from BART. Remember, Bankruptcy is not an end, it is a beginning.

Practice Area
  • Bankruptcy
Fees
  • Free Consultation
    We provide a free in office consultation to discuss your situation and give you all of your options, which may or may not include filing a bankruptcy.
  • Credit Cards Accepted
    We accept debt cards and third party credit.
Jurisdictions Admitted to Practice
California
9th Circuit
Professional Experience
Commissioner
Judicial Nominations Evaluation Commission
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The Judicial Nominations Evaluation Commission (JNE Commissiion) is appointed by the Board of Trustees of the California State Bar. The JNE Commission investigates, interviews and evaluates nominees to the Superior and the Court of Appeals of California. The evaluations of this committee are sent to the Governor of California who reviews them before making Judicial Appointments.
Board President
Alameda County Bar Association
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Presided over the Board of Directors of the Alameda County Bar Association. Served on the Board for four years prior to election as Board President.
Education
New College School of Law of California
J.D. (1986) | Public Interest Law
Honors: Dean's List
San Francisco State University
B.S. (1983) | Speech and Communication Studies
Honors: Dean's List
Awards
Guardian of Justice
Alameda County Bar Association Volunteer Legal Services Corporation
Received recognition from 2011 to 2016.
Pro Bono Leadership Award
Alameda County Bar Association Volunteer Legal Services Corporation
Myron Sankary Attorney of the Year sponsored by the California State Bar Solo and Small Business section
Attorney of the Year
Professional Associations
Alameda County Bar Association
President in 2012
Current
California State Bar # 142619
Member
- Current
Alameda County Bar Association Volunteer Legal Services Corporation
Bankruptcy Clinic Supervisor
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Judicial Nominations Evaluation Commission
Commissioner
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Activities: Evaluating and recommending Judicial candidates for the Governor in all counties of California.
Publications
Articles & Publications
Bankruptcy Basics for Low Income Clients, 2013, 2014, 2015, 2016
Practising Law Institute (PLI)
Websites & Blogs
Website
Website
Legal Answers
11 Questions Answered

Q. Am I allowed to sign my house over to my kid if I declare bankruptcy?
A: If you declare a Chapter 13 bankruptcy, your assets must remain in your name, unless you get permission from the Court to transfer the asset. Also, you should not transfer assets prior to filing without speaking to a bankruptcy attorney to ascertain all of the possible consequences In a Chapter 7 bankruptcy, you should not transfer assets out of your name prior to bankruptcy and you are not allowed to while you are in bankruptcy. Again, you need to speak to a bankruptcy attorney prior to changing title to any of your property, or you could find yourself losing assets that you intend on keeping.
Q. What is the maximum of checking accounts you may have?
A: There is no limit to the number of bank accounts you can have when filing a bankruptcy. Although in your bankruptcy you must list each account on Schedule B,. and state the amount in each account on the date you file the bankruptcy..
Q. How much is the fee for bankruptcy
A: There is no one answer to this question, as you can see from the previous answers. How much you are charged will depend on whether you are doing a Chapter 7 or Chapter 13 (of Chapter 11, which isn't very likely). Also, it depends on the attorney to whom you are speaking. My advise to you is not to pick an attorney by the amount they charge, unless it is so much you just can't afford it. Look at the attorney's years in practice, how much bankruptcy work they do, do you like them and trust them from the consult they provide. You certainly should shop around and speak to several attorneys, but how much they charge should not be your only, or top consideration. Good Luck.
Q. Kept paying mortgage after filing ch 7, now there's ample equity in the home the second lien holder wants to foreclose.
A: You don't have to reaffirm home loans in California. You can always look to the possibility of a modification or settlement if you have the money. The 2nd could foreclose but it is unlikely. Generally 2nds in this position just want some money to go away. A chapter 13 is also available, that would allow you to keep your house and pay back the 2nd.
Q. I own a duplex with a friend. We each live in one unit. The mortgage loan and the title list both of us.
A: The short answer is yes. There are all sorts of considerations that should be clear before he files. First and foremost is he using a reputable attorney. Next is he filing a Chapter 7 or Chapter 13. Another question is do you have equity in the property and if so how much. Also, how do you hold title in the property. As you can see, this can be very complex. Make sure your co-tenant gets all of these questions answered to your understanding.
Q. My ch.13 bankruptcy was recently converted to a ch.7. I was only given 1 weeks notice from the courts to move.
A: Are you sure the notice to move was from the Court, or was it from the Trustee. I would recommend you call the trustee and tell them of your situation and ask for more time to move. As for your tenants, the trustee will have to deal with them, not you. Generally the trustees will work with you unless you are being unreasonable.
Q. To file or not file if I am Trustee to fathers estate
A: This is not the type of question that can be answered with the information provided. You need to find a bankruptcy attorney that you can give the details of your financial situation to, and receive information about all of your options. I am assuming you are concerned about filing bankruptcy after inheriting, or maybe you already filed bankruptcy and you have not inherited. I cannot ascertain enough information from your description to even address a topic of concern. See a bankruptcy attorney as soon as possible and before you do anything else within the bankruptcy realm.
Q. If I have a loan on a car with my wife and we split up and she files Bankruptcy and I dont what happens?
A: In a Chapter 7 - As a non-filing co-debtor on a car, you are left with the legal responsibility for the car, unless your wife reaffirms the debt. Reaffirming a debt is signing a promise to the lender, that she will continue to be legally responsible for the car as well as you. In a Chapter 13 - There is no reaffirmation, but as long as you have owned the car for 2-1/2 years, if could be crammed down to it's actual value and she could pay for it through the bankruptcy. Or she could surrender the car and you would be the only responsible person on the loan.
Q. I have considerable credit card debt, if I seek charterer 7 will the c.c. company write off those debts?
A: Generally all of your unsecured credit card debt will be discharged, but there are exceptions. If you went out and charged up the card or cards and then filed bankruptcy, the filing could be challenged by one or all of the cards you charged up. Or if you used a card for anything but household necessities, like a flight to Hawaii or a vacation somewhere and then filed, that could be seen as a bad faith filing. There are time limits to a charge being bad faith "on its face", but to be safe, if you have used your cards within the last 90 days, or you ran up the cards, you should see a bankruptcy attorney. There are other reasons that you might not want to file a Chapter 7 and a bankruptcy attorney can help you with that.
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Contact & Map
409 13th street, 10th Floor
The Historic Tribune Tower
Oakland, CA 94612
USA
Telephone: (510) 465-0404