The COVID-19 Corona Virus and filing bankruptcy.

Last Updated: 3/20/2020

The Bankruptcy Court has been closely monitoring and following recommended guidelines from the Centers for Disease Control and Prevention (CDC) and local public health officials, and preparedness guidelines from the Administrative Office of the U.S. Courts (AO) regarding the Coronavirus Disease 2019 (COVID-19) and is releasing updates almost daily.

Bankruptcy is a very complicated process that needs a professional to make sure everything is properly filled out and filed. With the ongoing pandemic many are falling behind on their bills and may have to consider bankruptcy, with all the uncertainty and the complications of government offices being closed its more important than ever to have a professional making sure you understand your options and timeline with Covid-19 forcing major closings.  Call Firebaugh & Andrews for your free consultation and ask about our financing program. 734-722-2999

VERY IMPORTANT!

Each court is publishing announcements online almost daily. For the latest news about your court, visit your court’s website. Updates can most likely be found on the homepage in the “News” section of their website. 

Contact your attorney to get the latest updates.

Most hearings are being changed to telephonic hearings. If you have a hearing coming up in your case, Your attorney will keep you up to date on the hearing.

The Office of the United States Trustee handles everything related to the 341 meetings. At the moment, all in-person 341 meetings scheduled through April 10, 2020, have been moved to a later date that is yet to be determined. To find out what accommodations, if any, are being made in your region, your attorney can let you know when th 341 meeting will take place.

What can I expect overall when it comes to my bankruptcy case?

Expect Delays! As of today, the courts are open but many courts are operating with limited staff or staff working remotely. We have seen some smaller courts close for 14 days due to possible exposure. There will be delays in the processing of documents and both hearings and 341 meetings are being rescheduled by many courts.

Upsolve is still operating as normal, allowing users to complete the questionnaire, answering questions and releasing forms to be filed.

Can I still file?

For the time being, yes. Updates are being published almost daily. Check with your attorney to see whether they are open and accepting new filings. Although many courts are open they are not allowing face-to-face contact with the clerks.

What can I expect if I need to go to court?

Until further notice, filers should not visit their court. Check with the your attorney for rescheduled times.

Know that some courts are screening visitors before they enter the court by asking questions about recent travel from domestic or international areas with a high number of confirmed cases. They may also ask if you have been exposed to someone who is a confirmed case or if you are experiencing some of the symptoms described by the CDC. In most cases, if you state “yes” to any of these questions you will be denied entrance to the building or courthouse.

Should I still pay the filing fee or file my paperwork on time?

Yes! Debtors should continue to pay their filing fee and now we offer financing for your bankruptcy contact us for details 734-722-2999

My trustee sent me an Affidavit of Debtor regarding a telephonic hearing. Do I need to sign it?

Yes. Since the trustee has a duty to check your identity and that’s hard to do when the 341 meeting is taking place via telephone or video conference, your trustee or the court may send you an “Affidavit of Debtor” or similar form to verify your identity.  Your attorney will advise you on the best options.

My 341 meeting was scheduled between March 16 and April 10th. What should I do?

As of 3/16/2020 many courts have suspended in person 341 meetings and instead will conduct 341 meetings by telephone or TELEPHONICALLY. The court or your trustee will provide a phone number, access code and security code along with specific instructions on what to do on the call. Each trustee may have different procedures to conduct these telephone meetings. Call or email your trustee for more information.

What does it mean if my 341 meeting or hearing is “continued until a later date to be determined”?

If you had a meeting or hearing (such as a fee waiver or reaffirmation) scheduled between 3/16/20 and 4/10/20 and received notice that it is “continued” your meeting was moved to a new date. If the notice doesn’t list a new date, the new date has not yet been set by the court. Since things are pretty fluid, some courts are not setting new dates for their hearings yet. Remember to check your mail and/or court notices for updates. You can contact your attorney for more information.

Will this delay my discharge?

It can. A debtor cannot receive a discharge until after a 341 meeting has been conducted. If 341 meetings are being rescheduled or continued until further notice then that will delay the discharge.  Your attorney will keep you updated.

Will this affect my automatic stay?

No.

Do I need to contact my creditors?

No. Your attorney will make sure this is taken care of. Call Firebaugh & Andrews for your free consultation 734-722-2999