Georgia Bankruptcy: FAQ's about the Coronavirus (COVID-19)

Posted by William H. Sherman on Mar 31, 2020 | 0 Comments

   The Coronavirus pandemic is affecting just about every aspect of daily life in Georgia and around the United States. Its impact extends to the federal, state, and local governments. Bankruptcy courts, out of necessity, are changing, modifying and adjusting their rules because of COVID-19.

   Hopefully these FAQ's should help answer some of your questions about the new bankruptcy rules.

ARE THE GEORGIA BANKRUPTCY COURTS STILL OPEN?

The bankruptcy courts are still functioning. In-person hearings, however, have been broadly curtailed. Most court hearings will now be done over the phone.

IN GEORGIA, CAN I STILL FILE FOR BANKRUPTCY?

Yes, you can. The courts are still allowing bankruptcy cases and motions to be filed. So you can get protection from creditors!

FOR MY 341 HEARING, HOW DO I CALL-IN?

Specific instructions will be sent if and when the Trustee does conduct a telephonic 341 meeting.  

IS MY CHAPTER 13 CONFIRMATION HEARING POSTPONED?

No, it is not. As of now, the hearings are being conducted by phone for Chapter 13 confirmation hearings and hearings on miscellaneous chapter 13 matters. Early indications are that the phone system is working pretty well.

CAN I KEEP MY ECONOMIC RELIEF PAYMENTS DUE TO THE CORONAVIRUS?

The Trustees have thus far indicated they will not be seeking a turnover of any economic relief payments related to the coronavirus pandemic. That means you should be able to retain those funds to use in any way you want.

DO I STILL NEED TO MAKE MY PLAN PAYMENTS?

Yes. Payment plans have not been excused, so keep making the necessary payments.

IF I CAN'T MAKE MY PLAN PAYMENTS DUE TO CORONAVIRUS, WHAT SHOULD I DO?

Each individual trustee can enact different rules on how they will assist debtors that have been negatively financially impacted by COVID-19. You will need to provide documentation of income loss due to Covid-19. That documentation should need be difficult to get as you need to show declining income and there are various ways to prove that.

   When you need to speak with a local bankruptcy lawyer, we're here for you at 678-215-4106.

About the Author

William H. Sherman

With a professional background that includes serving as a Senior Assistant County Attorney and as an Assistant Attorney General, attorney William H. Sherman has great experience, a broad range of legal knowledge and a proven record of success.  Each of Mr. Sherman's clients gets the full benefit of his experience.  Because attorney Sherman has worked for governmental organizations, large corporations and clerked for a judge, he has handled a wide variety of cases from negotiation and trial to successful appeal. Mr. Sherman is very proud of his reputation as a problem-solver who is always available to his clients.  Active in the community, Mr. Sherman and his wife, attorney Valerie Sherman, support many community organizations, sports teams and charities.  Call him now and let his experience work for you.

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