HOW NEW BANKRUPTCY TELEPHONIC HEARINGS WORK

Both Chapter 7 and Chapter 13 trustees are now implementing the new procedure required by the U.S. Trustee for social distancing to avoid spreading the virus. Lock down and social distancing certainly make a lot of sense. Wearing face/masks also make a lot of sense. I now ask clients to wear a mask and gloves when they see me. I also wear face/mask and gloves and keep the 6 feet distance. I mean, this is just plain common sense. Whoever said that facemasks were useless against the virus must not be thinking right. Even surgeons wear face/masks during surgery to protect both the surgeon and the patient. This is nothing new. About two months ago, my friend from Asia was visiting the white house and was wearing a face/mask. Security guards asked him twice if he was sick and told him that he should only wear a face/mask if he was sick. His reply was that he was healthy but precisely wore a face/mask because he was afraid of getting infected. So there you go. In Asia, wearing a face /mask is normal even just to protect from air pollution.

 If you cough or sneeze while wearing a face/mask, the mask prevents the saliva droplets from spreading around. At the same time, my own face/mask will protect me from inhaling the saliva droplets from your cough or sneeze. So this is double protection for all parties.

Telephonic hearing process

Going back to the bankruptcy trustee telephonic hearings, this is how it works. When the case is filed, the normal notice of case commencement is sent out indicating the case number, the date of the hearing, the name of the trustee, the name of the Judge, and the venue for the hearing/s. There are other information as to who can attend the hearings, the deadlines for filing objections and adversaries.

The next notice that is sent is information on how to use telephonic appearance for the hearings. Debtors are instructed to send to the trustee copies of government issued identification such as driver’s license or passport, and acceptable evidence of social security number such as the SS card, or W-2 at least a week before the hearing.

Further, the notice states the check-in telephone number of the trustee and the debtor participant code. So, this works like a virtual hearing without appearing before the trustee physically.  

Jesus died on Holy Friday for us

April 10 was Holy Friday. This is when Jesus was crucified and died on the cross on Mt. Calvary. He died for our sins, so that we may have a chance to enter heaven for eternity. The problem is all the Catholic churches have been closed to the public for the last 3 weeks. Closure is a necessity to help contain the spread of the virus. This virus has really emphasized our mortality. We all die. The only question is when. There are no exceptions. Life is indeed so fragile. An invisible virus can take our life away in a matter of days. Can you buy your way out of mortality for $1Billion? Nope. How about for $1-Trillion? Nope. How about for all the money in the world? Nope. So, here we are with our frail bodies and our mortality. Since we are all going to die at some time, isn’t it better to be at least to a point of human certainty to have an idea where we are going to when we die? Isn’t it better to go to heaven and spend eternity there with a loving God the Father, God the Son, and God the Holy Spirit enjoying peace, love and joy with our loved ones, without having to worry about some invisible virus or mortality again? I mean, better than spending eternity getting burned in hell with Lucifer, and a bunch of ugly demons who are devouring your soul? This is a no brainer. So, believe in Jesus Christ as your savior, because there is no other way to God the Father, except through his Son, Jesus Christ. It doesn’t cost you anything, not even a penny to believe in Jesus, but He is our gateway to heaven.

It’s OK to use credit cards during this pandemic

No matter how dreadful and horrible this virus is, this too will pass. The sun still rises at dawn. Spring comes after winter. If you need money right now while waiting for unemployment checks and the stimulus checks, go ahead and use your credit cards and credit lines to tide you over in the meantime if you’ve lost your job. Under the totality of circumstances standard to determine dischargeability of debt, use of credit cards for emergencies is considered reasonable. Therefore, use of credit cards to ride this pandemic will be considered dischargeable. Of course, there still has to be intent to repay, and the intent to repay is presumed from the return of jobs when America is open for business again, “with a bang”.

6 feet apart is much better than 6 feet under

So, remember social distancing is 6 feet apart because it’s better than being buried 6 feet under. For vacation, decide between spending time in your living room, or your dining room.

“…You need not fear the plagues that strike in the dark, or the evils that kill in daylight. A thousand may fall dead beside you, ten thousand all around you, but you will not be harmed.” Psalm 91

Lawrence B. Yang is a graduate of Georgetown University with a Master’s Degree in Law and specializes in Bankruptcy, Business, Real Estate and Civil Litigation.  He speaks English, Mandarin and Fujian and has successfully represented thousands of clients in California, including companies overseas.  Please call Angie, Barbara or Jess at (626) 284-1142 for an appointment at 20274 Carrey Road, Walnut, CA 91789 or1000 S. Fremont Ave., Mailstop 58, Building A-10 South Suite 10042, Alhambra, CA 91803.