How Does the Corona Virus Affect a Chapter 7 Bankruptcy?
A description of the Chapter 7 Bankruptcy process in the face of the Corona Virus epidemic.
The No-Physical-Contact Chapter 7 Bankruptcy ProcessIn the wake of the Corona Virus, many people are experiencing financial hardship due to lay-offs, quarantines, additional expenses for health protection and grocery delivery and medical bills. Hopefully, current epidemic will be short-lived, allowing most people to resume normal lives in a month or two. However, in the event that one is unable to financially recover, Chapter 7 Bankruptcy offers a fresh start. Even with “essential service” requirement and social distancing one may still file bankruptcy.
Our office, as do many others, offer telephonic, Skype and FaceTime consults. Documents and questionnaires may be sent to you as the client via e-mail for electronic completion on a computer. Alternately, you could print off documents and use his or her phone to scan pictures of the pages to return to the attorney. If you have selected a bankruptcy attorney already, do not hesitate to ask him or her to offer no-physical contact options.
Several documents will be needed for the attorney to prepare a Chapter 7 petition; which documents depends upon a client’s financial status, creditors and assets. Most necessary documents may be downloaded from the internet such as paystubs or bank statements by logging into an employee or bank account. The files may then be e-mailed to the attorney or uploaded to a secure cloud storage site like DropBox.
Once the Chapter 7 petition is prepared, the client will need to review and approve the petition package (usually between 60 and 70 pages) and sign approval. Due to the Corona Virus, the US Middle District Bankruptcy Court is allowing electronic signatures for approval. The required pre-filing credit counseling and post-filing financial management courses may be taken on line as well.
After a Chapter 7 petition is filed, the Bankruptcy Court issues a Notice of Schedules which contains the date and time for a scheduled “341 Creditor’s Meeting” approximately 45 days out. The 341 Creditor’s Meeting allows the bankruptcy trustee and creditors to ask questions regarding the client’s financial status. The bankruptcy trustees have been allowing telephonic attendance at these meetings by use of a provided number and password. If all goes well, you will not need to take any further steps and a discharge will be issued within 3 to 4 months.
Allow Time to Consider Your OptionsAlthough a job lay-off or medical bills may cause one alarm, the best thing to do is give your situation a little time. If you have lost your job, consider temporary alternatives for employment providing an essential service if you are physically able or a work-from-home alternative. Use your savings and income for necessary items like food, rent and prescriptions and worry about your credit cards in a month or two if you are not able to make the minimum payments. Chapter 7 Bankruptcy should be reserved as the last resort; once you file, you will generally not be able to include additional bills that arise after the filing and, if a discharge is granted, you will not be able to file another Chapter 7 Bankruptcy for 8 years.