Are The Courts Still Open During The COVID-19 Crisis?

Unfortunately, the courts have closed due to the coronavirus. Some courts are starting to reopen in the beginning of May for electronic filing and I have done some court appearances by phone.

Is Your Office Still Taking On New Clients During This Time?

My office is still taking on new clients but as the courts are closed there’s usually not much, I can do during the closure time. But I am excepting new clients and I can generally handle most consultations by phone and document review by email.

Can I File For Bankruptcy At This Tie When Most Of The Courts Are Closed?

You can’t actually file a bankruptcy case presently but I can certainly advise you what you need to do to prepare and I can start gathering the information I need and prepare the petition for filing for when the courts open back up. I can also take steps which would shield you from the creditor’s harassing phone calls and collection activity.

If I Can’t Afford Payments For A Chapter 13 Plan, Can I Qualify For A Chapter 7?

I always try to put people into a chapter 7 case if possible. This is what’s called a no-asset case where payments are generally not required and there’s no repayment plan under this type of a bankruptcy.

Do You Expect To See A Rise In Bankruptcy Cases During And After The Covid-19 Crisis?

I do expect to see a rise in bankruptcy and debt cases once the corona crisis is over. I believe that people who were barely getting by before the crisis will be in a much worse position financially during and after the crisis. Unfortunately, sometimes people are forced to overextend themselves with their credit cards during this type of catastrophe so they may need some debt options when this is all over.

Will Medical Bills Be Included In Any Bankruptcy?

Generally, medical bills are dischargeable in a bankruptcy proceeding.

What Should I Do If I Am Having Problems Making Car And Mortgage Payments During The COVID-19 Crisis?

This depends on your particular financial situation unless you’re working and have income coming in, I don’t think it’s advisable to try to negotiate a new repayment plan with a creditor because you won’t be able to fulfill those obligations if you are not working.

Should I Let My Debt Worsen During The COVID-19 Crisis Or Should I File For Bankruptcy?

Well there’s no way to file for bankruptcy while the courts are closed but if you are overextended and can’t afford the monthly payments when they become do, other options must be evaluated. This may include a debt settlement program or bankruptcy it all depends on someone’s particular situation.

Will Recent Credit Card Debts Be Forgiven If I File For Bankruptcy Now?

Yes, once the courts open up, a person can file for bankruptcy it appears that these types of expenses would be dischargeable, as long as the expenses don’t appear to be an abuse of the credit. For instance, if debts that are incurred due to ordinary living expenses are included in a petition those will generally be discharged in the bankruptcy petition.

Should I Try To Apply For New Loan Or Credit Cards Instead Of Filing Bankruptcy?

This depends on the particular debt picture of the individual but if a person cannot afford the monthly payments as they become due other options such as debt settlement or bankruptcy might have to be evaluated.

For more information on COVID-19 Crisis In The State Of New York, an initial consultation is your best next step. Get the information and legal answers you’re seeking by calling (914) 230-0040 today.

Glen A. Kurtis, P.C.

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(914) 230-0040

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