Coronavirus FAQ
Can I File for Bankruptcy Even Though I Can’t Leave My House Due to COVID-19?
Even though it feels like the entire world is shut down, debt and its collection attempts are not. Whether you were struggling financially before the pandemic, or quarantining has sent you into a state of immediate financial peril, you may need the protections provided by filing bankruptcy. Once your bankruptcy is filed, you have an automatic stay of protection. When the stay is in effect, your wages can’t be garnished, and repossession and foreclosure efforts will be halted. The stay remains in effect until your case is discharged or dismissed. If you are in need of bankruptcy protection, you may be wondering how the spread of coronavirus will affect your ability to file
On March 30, 2020, Arizona Governor Doug Ducey recently asked Arizonans to stay home unless they need to perform essential functions. Many bankruptcy attorneys offer telephonic consultations so you can avoid going into the office. Our office offers telephonic consultations free of charge. If you have any documents pertaining to your case that you’d like the attorney to review, you should have them scanned and ready to email.
Steps to Filing Your Bankruptcy During COVID-19 in Arizona
What should I do if COVIG19 is affecting parenting time with my child?
Arizona Family Law Attorney, Alison C. Briggs takes a look at the COVID-19 issue of Parenting Time and Family Law.
The family courts are currently dealing with an issue of first impression as society tries to navigate the Covid-19 pandemic. The average parenting plan does not include a paragraph or clause regarding how parents should navigate shared custodial arrangements as the world slowly shuts down. For Arizona parents, the further complicating factor is that the statewide shutdown of schools began during many district’s spring breaks.
Parenting plans typically alternate spring breaks with one parent exercising parenting time in even years and the other in odd. Over the past few weeks conflicts have come up with parents claiming this shutdown is an extended spring break that allows them to keep their children from the other parent OR parents are refusing to honor the other’s spring break parenting time, claiming the school closures supersede and spring break is canceled. There is no real clarity. There is no right answer on how to move through this situation, but there are absolutely things that should not happen and will damage a parent’s credibility when the inevitable modification or contempt filing is sought.
Due to COVID-19, The Bankruptcy Trustee sent me notice that my 341 is now telephonic. Do I need to sign it?
On 3/26/2020, the bankruptcy attorneys of My AZ Lawyers, addressing the Coronavirus COVID-19 pandemic writes:
Yes, you will need to sign the “Affidavit of Debtor” or a similar form that the bankruptcy will send to you in order to verify your identity. This document is going to need to be notarized, which in itself may be a task with the COVID-19 closing many businesses. Our suggestion to you, don’t wait until the last minute to get your document notarized.
It is one of the responsibilities of a Bankruptcy Trustee during a 341 hearing. It is also one of the main reasons why 341 hearings are usually done in person. This affidavit that is sent to you is the best that they can do to verify your identity sans you being present.
The Coronavirus pandemic has really created a mess of the 341 schedule for anyone who has filed bankruptcy in the last 90 days. Many hearings have been postponed by 2 weeks, 4 weeks, or have been switched to telephonic hearings. Keep on top of your postponed 341 date as the second round of postponements is lurking.
What about my bankruptcy case? How will the Coronavirus pandemic affect my filing?
On 3/26/2020, the bankruptcy attorneys of My AZ Lawyers, addressing the Coronavirus COVID-19 pandemic writes:
Regarding your bankruptcy filing, you should expect delays. Plan on being patient as courts are taking steps to assure of filers, trustees, attorneys, and staff.
Additionally, many of the courts are open, sorta, however, they are operating with a limited staff or are operating remotely. We are expecting delays in the processing of documents and both hearings and 341 meetings are being rescheduled by many courts. These delays will continue until the COVID-19 pandemic is under control.
On a positive note, My Arizona Lawyers is still operating as normal. We are taking every step to keep both our clients and our staff safe. Each member of our staff has a laptop computer and is available by e-mail. Also, we are doing consultations, bankruptcy filings, petition signings, and answering questions telephonically. We encourage clients to e-mail or snail mail in documents and are a social distancing participant.
Contact our Arizona Legal Team with questions.
If I need to go to court during this COVID-19 pandemic, what should I expect?
On 3/26/2020, the staff of My AZ Lawyers, addressing the Coronavirus COVID-19 pandemic writes:
Most of the courts in Maricopa, Pima, and Pinal counties are currently doing hearings telephonically. Most but not all of the courts. There still are a few of the courts that are still holding hearings. If you have an upcoming court date (and are one of our clients), call and check with our office and we will advise you as to the status of your court hearing.
Additionally, you could check with the court’s website to see whether the court is open and allowing visitors. Each court has a section on their homepage with updates as to what the status of the court is currently. Our paralegals and staff at My Arizona Lawyers can assist you with the status of your court hearing.
If you end up having to go to court, please be aware that some courts are screening people before letting them into the building. This screening may include having your body temperature taken and may also include questions about your recent travel and if you are experiencing symptoms. These precautions will be in place for the foreseeable future until this pandemic is controlled.
Do I have to come into the office for a consultation?
No. We offer telephonic consultations all the time, not just during public health crises. This makes it easier for those who work or care for others full time to discuss their case without worrying about taking time off work and arranging transportation and child care. If you have documents you are concerned about explaining over the phone, scan them onto your computer so you can email them for review during your consultation. Contact us today and set up a free over-the-phone consultation.I got laid off because of COVID-19, am I going to have to file bankruptcy?
That depends on how much debt you already have, and how long it takes you to find a new job. Interest rates are low right now so if you take out a loan and find a new job fairly quickly, you probably won’t accrue enough debt to make filing bankruptcy worth it. If you were already facing garnishment, repossession, or foreclosure, being laid off will put you further in the hole. However, if you were only facing a garnishment, it might serve you well to wait until you find a new job. Your paychecks can’t be garnished if you aren’t receiving one, and having a job will help you qualify for $0 down financing at firms that offer that payment option. You should consult an experienced bankruptcy attorney that offers free consultations to discuss whether filing bankruptcy is a good option for you, and when would be a good time to file.Can I stay home and still file a bankruptcy?
We can do your consultation over the phone, and collect your documents to draft your petition electronically. Once we draft your petition, we can email it to you so you can review it, and then you will be scheduled to telephonically review your petition with your attorney. If everything is correct and you’re ready to file, your attorney will file your case electronically. Even your credit counseling courses will be taken online. The only part of the bankruptcy that must be completed in person is the 341 Meeting of Creditors. However, these hearings are currently suspended until at least the end of the month. It is unsure if 341 hearings will eventually be held telephonically, but hearings will not resume until the crisis is over. You will have an automatic stay of protection from the moment you file until your case is discharged to prevent from debt collection.How can I get my paperwork turned in for bankruptcy and not have to leave the house?
Dropping off documents in person was already the least popular way to submit documents at our firm. You may also fax or email your documents to avoid in-person contact at the firm. Our staff will be able to call or email you to answer any questions you have about collecting the documents.Contact Us
My AZ Lawyers
