What Was, What Is and What Is To Be
Jan says the attorneys have figured out how to make the pandemic work on their end, and he is the beneficiary of their hard work, creative approaches and determination to continue to serve those in need of bankruptcy services.
Joyce agrees that attorneys are bearing up under the decreased caseloads, but sees that they are concerned and hoping their services will be needed sooner rather than later.
One area that has not slowed for Joyce is amendments to plans. With the CARES Act allowing for plans confirmed before March 27, 2020, to be amended and extended up to 84 months, many debtors are modifying plans to take advantage of extensions to address the impact of COVID-19 on their lives. Many debtors are also asking for payment abatements while unemployed also.
From an operation standpoint, there have been other changes for both offices. The front doors are locked. Few are admitted. Masks are required.
Section 341 meetings are conducted by phone. The United States Trustee program implemented telephonic meetings with dedicated conference call lines. Telephonic meetings have proved to be a process that has gone smoothly and many attorneys hope continues. Currently, meetings will be conducted telephonically by all trustees for cases indefinitely. Although the personal contact is lost, the tradeoffs for remaining healthy are beneficial. Both trustees and their staff attorneys spend extra time preparing for 341s to insure they go smoothly.
Appearances for court dockets and most hearings are by phone or, in some instances, by video conferences. Jan appears in person in a large courtroom where there is plenty of room for social distancing. The attorneys appear by phone. The courts have not only adapted well but have been moving forces in seeing that the process is set up properly and works. Masks are required to enter the courthouse, but not in the courtroom. Joyce appears telephonically or by video from her office and the judges have not added in-person appearances yet. Again, extra time is spent in preparation to ensure the dockets run smoothly.
Continuing legal education programs are accomplished through Zoom. For Jan, brown bag luncheons through his local bankruptcy organization, Topeka Bankruptcy Council, have worked well with Zoom and have had been well-attended, thanks primarily to one Topeka attorney who has taken up the cause and orchestrated the process.For Jan, he thinks the lack of direct social contact has been the most difficult part. He misses having lunch with friends and the interactions with other bankruptcy professionals at the courthouse and 341 dockets. Joyce agrees, and although contact has continued through emails and calls, the bankruptcy bar news takes longer to travel.
What is and what is to be…who knows? Acknowledging, and accepting, the existence of COVID-19 and the dangers it poses to us was the first step. From then, for all of us who are adapting well, creativity and planning to change what we can change, namely, our approach to economic survival is the big leap. The trustees, like the courts and practitioners, are all doing the best we all can to adapt to this new world created by COVID-19. It is likely that our new worlds, as it exists today in the middle of the country, will continue for some time. Accepting these facts, swimming with the current and continuing to stay vigilant seem to comprise a good plan for now.
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