COVID-19 (Posted 03/20/2020)
Dear Clients/Prospective Clients,
Like many of you, I have been closely monitoring the developments related to the COVID-19 pandemic. In these unparalleled times, I believe it is important to take decisive and proactive steps to slow down the spread of this virus. Increased compassion, patience and support for each other must be heightened during these times.
With this in mind, I have decided to transition immediately to remote contact with clients and prospective clients. Until further notice, I will no longer be holding face to face meetings at my office. Communications will be limited to video chat, phone, fax, email and text. Fortunately, I already have many years of experience in conducting bankruptcy related meetings remotely by leveraging technology including e-signatures. My hope is that most of you will not be too inconvenienced by this change. For those of you who may struggle with this change, I will do my best to accommodate your specific needs.
Some of you have recently asked me how the Bankruptcy Court is being impacted by COVID-19. The right to file for bankruptcy protection is an essential and important part of our economy. The Bankruptcy Court remains open. I also believe the Court will continue to receive new case filings even if worst case scenarios (that no one wishes to see) play out. As a licensed bankruptcy attorney in Arizona, I have the ability to file cases electronically, which is important in the event the physical Bankruptcy Court ever needs to shut down.
One aspect of the bankruptcy process is currently being affected. Every person that files for bankruptcy is required to attend a 341 meeting of creditors mid-way through their case. These meetings serve an important role in verifying the identity of the filer(s) and providing the trustee and creditors (if they wish to appear, which they almost never do) with an opportunity to question the petitioner in a convenient forum. Currently all 341 hearings have been postponed until at least April 10. As we move forward with your case, you should expect that these hearings will continue to be postponed until COVID-19 is no longer a threat to public gatherings. It is my hope that the Bankruptcy Court will find innovative ways to conduct these meetings without requiring face to face meetings. I will keep you informed with any new developments as they impact your specific case.
Even as these 341 hearings are postponed, you will still be under the protection of the bankruptcy court upon filing. This means that foreclosures, evictions, repossessions, wage garnishments, commencement or continuation of lawsuits, and any attempts to collect on debt are stayed (blocked) by creditors. There are a few exceptions that may limit how long these protections stay in place. If these exceptions apply to your case you will be made well aware. However, the general rule is that the automatic stay remains in place and is effective upon your case filing.
Following is a rough outline of how my existing face to face meetings will be converted:
Initial Free Bankruptcy Consultations -> Initial Free Bankruptcy Consultations (Phone)
- These will remain largely self-scheduled appointments on my website calendar. Rather than meeting face to face, these meetings will be conducted by phone. .
- A link was sent to your email inbox upon scheduling the appointment, where you can complete an intake form online. If you did not receive this email, you can also access the link to my bankruptcy intake form here: https://alexsanchezlaw.com/bkintake/ .
- I strongly recommend that you complete the intake form prior to the phone consultation.
Document Drop Appointments -> Document Submission (Email)
- Many clients already choose to submit at least some of their documents electronically. For some, this may be the most inconvenient part of the changes I am announcing today. Fortunately, many documents that are required to be submitted such as tax returns, pay stubs, and bank statements can be readily downloaded and emailed.
- For those that do not have easy access to a scanner for submitting documents such as vehicle titles and creditor bills, I recommend using a smart phone app called JotNot https://www.jotnot.com/scanner.html . I believe the cost for using this app is a one-time fee of about $7. I have been using this app on my smart phone for many years and it is very helpful when I do not have access to a scanner.
- Clients that have already scheduled a Document Drop will be receiving a separate email with instructions on how to submit documents electronically.
Signing Appointment-> Phone Signing Appointment
- Signing appointments will take place by phone. Prior to the scheduled appointment, you will receive an email from me with a copy of the petition that we will be reviewing together during the phone signing. This is a very large document (usually between 60-80 pages). So long as you can access this document on your computer or device while also speaking with me on the phone, you do not need to print this document. This document is a final draft, which will likely change during our review.
- Once the review has completed you will receive a separate email from HelloSign with instructions on signing the document using e-signatures. I recommend you physically sign the petition using your trackpad, smart phone or tablet. You may also be required to print out and physically sign and mail one page of the petition. I will let you know if this becomes necessary.
- Although I had previously instructed you to pay the filing fee in cash or money order, this will no longer be possible. Instead, I will be invoicing you separately, so that you can pay the filing fee (initial deposit or full amount) online. For those who have already obtained money orders, I apologize for the inconvenience of having to cancel those orders.
- During the signing appointment, I normally return documents to clients. This is important, because I am paperless at my office and because these documents serve an additional purpose for a later stage (trustee document submission) in your case. We will have to work out a later arrangement to return these documents to you. In the meantime, I have already scanned all of your documents into my system and can email them to you upon request.
Other
- Clients that have scheduled other appointments, including retainer appointments, will receive a separate email with instructions on retaining my services.
COVID-19 has released an unprecedented global health emergency and caused significant economic turmoil. Health and safety should be a top priority. I personally look forward to the day when all of this is in the rear view mirror and we can go back to a semblance of regular life. Please take all necessary precautions to keep yourself, your families and communities safe. Even though I am temporarily cancelling all face to face meetings, I am committed to continuing to provide you with the prompt and courteous services that you have come to expect.
Please feel free to reach out to me with any questions about these changes or your case.
Best,
Alexander Sanchez
Attorney/Owner