Will COVID -19 Impact your Bankruptcy Case? COVID-19 has been affecting various aspects of daily life including the federal, state, and local governments. Although the courts have been slowly adjusting their rules and procedures in light of this pandemic – there are still some uncertainties in current and future debtors as to how they can move forward with their filings. The following are a few guidelines to follow during this time:
- The bankruptcy courts are open and most court hearings, including 341 Meeting of Creditors, will be done over the phone.
- The courts are still allowing bankruptcy cases and motions to be filed electronically via ECF.
- Pending 341 Meeting of Creditors have been or will be continued to a later date.
- For Chapter 13 cases, the continuance of Meeting of Creditors does not relieve debtors from commencing or continuing their required Chapter 13 plan payments – payment must be received by the Trustee no later than 30 days after the date the petition was filed and monthly thereafter. Debtors have the ability to make these payments electronically.
- If your 341 Meeting of Creditors is rescheduled, and it is scheduled to be telephonic – the assigned Trustee will send their instructions to you.
- Confirmations hearings are not currently postponed. Hearings on Chapter 13 matters are to be heard as scheduled and counsel will appear telephonically.
- If you’re in a Chapter 13 plan and you’re unable to pay your mortgage due to COVID-19, the bankruptcy court will still require you to make your mortgage payment. If you are unable to make this payment due to loss of income or reduction, you may be able to work out a voluntary repayment option with your lender to bring this account current by the end of the plan term.
- Your Order of Discharge may be delayed if your 341 Meeting of Creditors has been continued or rescheduled.
If you are interested in learning more about other bankruptcy issues during these times please contact the Law Office of Ray Garcia, P.A., at 305-227-4030 or via email at legal@raygarcialaw.com.
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Law Office of Ray Garcia, P.A.
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