FAQ - COVID 19

Most frequent questions and answers

Yes we are working but our physical offices are closed. The state of Utah has deemed legal services as an essential service. Like most companies, we have taken precautions to keep our team and clients safe. We are no longer seeing clients in office. Our team members are all working remotely and only come into the office when we know a client has dropped off documents. If you need to drop off any documents, Ogden has a mail slot and in Sandy and Logan you can slide them under the door. Please let us know if you do.

We are open from 8:00-5:00 Monday through Friday.

The courts are still open and operating. However, the public is not allowed in the building except for certain emergency hearings. Even then, most all hearings are held telephonically or through electronic means such as Zoom or Skype. All bankruptcy cases are started through an electronic process so you can still file your bankruptcy.

No. We are set up so you can do everything from the comfort and safety of your own home. It is important to note that while most documents can be signed through electronic means, your bankruptcy petition and schedules will need to be signed personally by you before your case can be filed. We will email you the required documents and you can print them and sign them. If you do not have access to a printer, we can mail you the documents. Once they have been personally signed by you, they will need to be returned to our office.

We have several options for your convenience. The first is our new client portal. If you are an existing client, contact our office and we can send you a link to join. For newer clients, you should have received an email with your login information

In addition, you can still fax us or email us your documents. Our fax number is 801-337-2087. You can email a pdf version of your document (no jpeg or pictures) to your case manager directly. If you do not have access to a scanner, most cell phones now provide a way to scan.

This answer depends on which case you filed.

CHAPTER 7: If you filed your Chapter 7 on or before March 26, 2020, you can keep your stimulus money. If you file after March 26, the answer is not certain at this time. The money was not exempted by Congress when the law passed and depends upon each state. In Utah, there is no definite exemption. However, if you have filed or file before your receive and spend your stimulus money, we will fight for you to be able to keep those funds. You can always wait to file until after you receive the stimulus and spend the money on appropriate things. If you intend to do this, you should speak with our office immediately.

CHAPTER 13: The short answer is yes. However, if you filed your case after March 26, 2020, the amount of your stimulus may impact your bankruptcy payment. Your case manager will contact you if this impacts you.

This answer depends on which case you filed:

CHAPTER 7: If you have a requirement to turn over all or part of your tax refund, there is no exception and you will still have to turn over the refund. Unfortunately it does not matter if you lost your job do to COVID-19, if you need to the money for necessities for you or your children, or haven’t had income do to the stay home stay safe mandate issued by the state. If you fail to turn over your refund there may be some serious consequences such as the denial or revocation of your discharge. This could mean that your debts were not and cannot ever be discharged. In addition, you may have additional attorney fees or costs.

CHAPTER 13: You may be able to keep your refund but you will need court permission and a valid reason to keep those funds. If you think you may need to keep your refund, DO NOT SPEND ANY OF IT. If you spend any of the funds, the court may dismiss your case, even if you pay the funds back to yourself. If you think it may be necessary to keep your refund, contact your case manager to discuss why and the costs.

At this time all meetings with the trustee are being conducted through electronic means. You will receive notice from the court as well as from our office with instructions. We have learned that it may be good for you to try a practice run before your hearing so that you are prepared. Our office can help you with that.

If the court decides to reschedule the hearing, you must attend on the new date. If you are in a Chapter 7, certain deadlines for creditors and the trustee will be automatically extended which will extend the time before you will receive discharge. However, this really has minimal to no impact on you.

If you are in a Chapter 13 and it is rescheduled, your first payment is still due prior to the originally scheduled meeting. Failure to make that payment as well as subsequent monthly payments could result in additional costs or dismissal of your case. If you have questions on when you payment is due and where to send it, please email your case manager.

 

If you are in a Chapter 7, there are certain deadlines that apply to your creditors and the trustee that will be automatically extended. While this means your case will be open a bit longer, this extension has no real impact on you.

In you filed a Chapter 13, it will not have any impact on the length or case.

CHAPTER 7: The short answer is you should not miss the payment. While it is likely something can be resolved with the trustee to make up the missed payments due to COVID-19, there is no requirement for the trustee to allow this. What we are facing in this country is unprecedented so it is likely we can work something out. However, if you can make he payment it is best to do so if possible to avoid additional fees.

Due to the increased phone volume, if you call, you may be directed to leave a voicemail. Please allow up to two business days for a return call. There is no need to call before that time and multiple phone calls put an additional strain on our team, which prevents or delays them from working on cases, including your own. If you have a more urgent need, you should email your case manager for a quicker response. We appreciate your patience and understanding during this trying time.

Amy Lutz – Amy@morlg.com    

Amber VanDerWoude – Amber@morlg.com

Amberlee Nelson – Amberlee@morlg.com

Bridgett Weave – Bridgett@morlg.com

Gaby Valdez – Gabi@morlg.com

CHAPTER 7

CHAPTER 7: If you have a requirement to turn over all or part of your tax refund, there is no exception and you will still have to turn over the refund. Unfortunately it does not matter if you lost your job do to COVID-19, if you need to the money for necessities for you or your children, or haven’t had income do to the stay home stay safe mandate issued by the state. If you fail to turn over your refund there may be some serious consequences such as the denial or revocation of your discharge. This could mean that your debts were not and cannot ever be discharged. In addition, you may have additional attorney fees or costs.

CHAPTER 7: The short answer is you should not miss the payment. While it is likely something can be resolved with the trustee to make up the missed payments due to COVID-19, there is no requirement for the trustee to allow this. What we are facing in this country is unprecedented so it is likely we can work something out. However, if you can make he payment it is best to do so if possible to avoid additional fees.

CHAPTER 13

If you have been affected by Covid-19 and this has  caused you to fall behind, we may be able to file a motion to abate payments. Filing a motion to abate may potentially move your past due amount to the end of your Chapter 13 plan.  However, because this requires additional work, there are some costs in association with bringing this motion.  that will need to be paid to the office prior to filing the Motion to abate.

CHAPTER 13: The short answer is yes. However, if you filed your case after March 26, 2020, the amount of your stimulus may impact your bankruptcy payment. Your case manager will contact you if this impacts you.

The extension by the IRS to file your 2019 taxes does not apply to confirmed Chapter 13 cases. If you are in a Chapter 13 and your case has been confirmed the confirmation  order requires your taxes be turned in by April 30, 2020