Q&A regarding EDNY bankruptcy court

The Coronavirus is affecting every aspect of daily life including federal, state, and local governments. The courts have had to adjust their rules in light of the pandemic. We have put together this quick FAQ to clarify what’s going on with the bankruptcy court in the Eastern Distict of New York. ARE THE BANKRUPTCY COURTS STILL OPEN? Yes. However, most court hearings will be done over the phone and not in person. CAN I STILL FILE FOR BANKRUTPCY? Yes. The courts are allowing bankruptcy cases and motions to be filed. IS MY 341 HEARING BEING POSTPONED? Pending 341(a) meetings of creditors were adjourned to a later date, most to be determined. This order may be extended. In a Chapter 13 case, the continuance of the creditor meetings does not relieve debtors of their obligation to commence making plan payments to the Trustee not later than 30 days after the date the petition was filed. Debtors may make these payments electronically. HOW DO I CALL IN TO MY 341 HEARING? The trustees are providing phone numbers and instructions for telephonic 341 meetings currently. CAN I KEEP MY ECONOMIC RELIEF PAYMENTS? The Trustee will not be seeking a turnover of any economic relief payments related to coronavirus. DO I STILL NEED TO MAKE MY CHAPTER 13 PLAN PAYMENTS? Yes.

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