For clients in a pending Chapter 7 or Chapter 13 bankruptcy case, please note that the bankruptcy court is still open. However, in light of the Coronavirus/COVID 19 outbreak, the court has adopted temporary measures regarding hearings. To minimize in-person attendance at hearings and to maintain social distancing, the court has adopted the following:
§ 341 MEETING OF CREDITORS
If you have a § 341 meeting of creditors in any bankruptcy case scheduled between Monday, March 16 through Friday, April 10, 2020, that meeting will be rescheduled. Do not attempt to go to the courthouse for your hearing. You will receive a new hearing date from the court automatically.
Meetings of creditors that are scheduled after April 10, 2020, are currently still set for hearing. As the situation develops, the court may extend or reset additional hearings dates
COURT HEARINGS SUCH AS CONFIRMATION OF MOTIONS
All other hearings, such as confirmation and motion calendars, will continue as originally scheduled. But, instead of appearing in-person, the court will hold all such hearings telephonically. Do not attend any hearing. If you are unsure what to do, please call your attorney. Most of these types of hearings do not require your attendance anyway.
NEW AND POTENTIAL CLIENTS OF THE DOLHANCYK LAW FIRM
The court has temporarily suspended its requirement that you physically sign papers in your lawyer’s office (this is called a “wet” signature). We can now meet and conduct business over the phone and send papers to you electronically to sign. You may then return those papers to us by email, fax, or mail. Once received in our office your case will be filed.
If you would like to set up a free telephone consultation, please call or email us.
WHAT IF I GET LAID-OFF?
Hopefully, that won’t happen. But if it does, there are procedures in place to ask the court to suspend your Chapter 13 plan payment for a few months until you return to work. Always let your attorney know what is going on.
MORTGAGE PAYMENTS
You are still required to pay your mortgage payment on time even though there have been national, state and local emergencies declared. Unless your mortgage company grants you a suspension of payments, or the federal government grants some type of relief, you must pay your mortgage. Do not expect any relief, so be as prepared as you can to continue to pay your mortgage as best you can.
CAN I FILE ANOTHER CASE IF I HAVE TO?
If you are unable to make your Chapter 13 payment for any reason, you may have the option to file a new case when your situation improves. Continue to make your current Chapter 13 payment as best as you can.