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Category Archives: COVID-19 ISSUES

341A Hearing, COVID-19 ISSUES, Santa Ana Hearings

341A HEARINGS IN THE CENTRAL DISTRICT OF CALIFORNIA WILL LIKELY REMAIN BY TELEPHONE AND ZOOM

By Anerio Altman

After two years of holding 341a hearings remotely, it appears that 341a hearings will continue to be held by telephone or “zoom”.

Previously, back in the “old world” pre-pandemic, a Debtor would show up at a physical location with their picture ID and proof of their social security. The hearing would be called and they would amble up to the table. A recording would begin. They would physically meet with the Trustee and demonstrate this proof. They would then testify as to the veracity of the information in the petition.

The Trustee would then ask them questions in person about their petition. It could last 10 minutes, or it could last an hour. The Trustee would have anywhere from 45 to 90 hearings to go through in a day.

Creditors could also physically show up and “participate” in the meeting. “Participation” could consist of asking questions of the Debtor, or just grousing generally as to the bankruptcy process.

The hearings moved to telephonic or zoom, depending on the Trustee, when the pandemic started. At first there was a great deal of confusion as everyone got used to the new set up. As of today, it is working quite well. Whether a Trustee utilizes a telephone line or a zoom connection is up to the individual Trustee.

I general this has been very successful.

For Debtors, it is convenient because they no longer need to take a day off of work, or arrange childcare, to come to the hearing. Further, depending on your county, actually getting to the physical hearing room could in itself have been a challenge. Now, Debtors can call up on an iphone or use a computer with camera to appear.

For Trustees it is convenient because Trustees often rely upon fasts access to their computer system to review files. The prior 341a meeting rooms did not always have particularly good internet access so all the hearings would be slowed down by the Trustee trying to get better wifi access. Further Trustees can effectively bring their case administrator’s with them during the hearings.

For Creditors it is not as convenient because they will seldom understand what is going on unless they have counsel familiar with the set up. That said, 341a hearings are administrative hearings only, in which no decisions are reached. It is only a hearing in which the Debtor may make statements under penalty of perjury, but it is not the penultimate hearing of the matter. If the Creditor doesn’t like the 341a set up, they can always hold a 2004 exam.

Overall, holding these hearings remotely has improved the entire process.

California Evictions, California Legal issues, COVID-19 ISSUES

ALL CALIFORNIA EVICTIONS CAN BE POSTPONED 60 DAYS AS LONG AS YOU ASK FOR THE EXTENSION FROM THE LANDLORD WITHIN 7 DAYS OF THE DATE THE RENT IS DUE!

By Anerio Altman

If you fall behind on your residential rent, and you cannot make the rent because of the issues created by Covid-19, you can ask for a 60 day extension on paying your rent SO LONG AS you ask for that extension within 7 days of the due date.

If the Landlord then seeks to evict you, you can respond in court requesting an extension to respond and receive at least 60 days to file your response to the complaint.

THIS DOES NOT MEAN YOU GET TO SKIP PAYING RENT! It just provides you time to catch up with the rent owed.

This protection has been issued per the Governor of California. The text of the Executive Order follows:

EXECUTIVE ORDER N-37-20
WHEREAS on March 4, 2020, I proclaimed a State of Emergency to exist in California as a result of the threat of COVID-19; and

WHEREAS in a short period of time, COVID-19 has rapidly spread
throughout California, necessitating stringent public health emergency orders as well as guidance from federal, state, and local public health officials; and


WHEREAS on March 16, 2020, I issued Executive Order N-28-20, suspending state law limitations on local jurisdictions that impose restrictions on evictions; and


WHEREAS on March 19, 2020, I issued Executive Order N-33-20, ordering all residents to immediately heed the Order of the State Public Health Officer for all residents, unless exempted, to stay home or at their place of residence; and


WHEREAS many Californians are experiencing or will experience
substantial losses of income as a result of business closures, the loss of hours or wages, or layoffs related to COVID-19, hindering their ability to keep up with their rent, and leaving them vulnerable to eviction; and

WHEREAS minimizing evictions during this period is critical to reducing the spread of COVID-19 in vulnerable populations by allowing all residents to stay home or at their place of residence in compliance with Executive Order N-33-20; and


WHEREAS Chief Justice Tani Cantil-Sakauye issued advisory guidance on March 20, 2020 for superior courts to suspend most civil trials and hearings for at least 60 days, and on March 23, 2020, suspended all jury trials for a period of 60 days, and extended by 60 days the time period for the holding of a civil trial; and


WHEREAS on March 25, 2020 the Department of Business Oversight secured support from national banks, state banks and credit unions for temporary delays in mortgage payments and foreclosure sales and evictions for homeowners who have economic impacts from COVID-19 with the objective of maximizing consistency and minimizing hurdles potentially faced by borrowers.

NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes of the State of California, and in particular, Government Code sections 8567 and 8571, do hereby issue the following Order to become effective immediately:


IT IS HEREBY ORDERED THAT:


1) The deadline specified in Code of Civil Procedure section 1167 shall be extended for a period of 60 days for any tenant who is served, while this Order is in effect, with a complaint that seeks to evict the tenant from a residence or dwelling unit for nonpayment of rent and who satisfies all of the following requirements:

a. Prior to the date of this Order, the tenant paid rent due to the
landlord pursuant to an agreement.


b. The tenant notifies the landlord in writing before the rent is due,
or within a reasonable period of time afterwards not to exceed 7
days, that the tenant needs to delay all or some payment of rent
because of an inability to pay the full amount due to reasons
related to COVID-19, including but not limited to the following:


(i) The tenant was unavailable to work because the tenant
was sick with a suspected or confirmed case of COVID-19
or caring for a household or family member who was sick
with a suspected or confirmed case of COVID-19;


(ii) The tenant experienced a lay-off, loss of hours, or other
income reduction resulting from COVID-19, the state of
emergency, or related government response; or


(iii) The tenant needed to miss work to care for a child whose
school was closed in response to COVID-19.


c. The tenant retains verifiable documentation, such as termination
notices, payroll checks, pay stubs, bank statements, medical
bills, or signed letters or statements from an employer or
supervisor explaining the tenant’s changed financial
circumstances, to support the tenant’s assertion of an inability to
pay. This documentation may be provided to the landlord no
later than the time upon payment of back-due rent.


2) No writ may be enforced while this Order is in effect to evict a tenant from a residence or dwelling unit for nonpayment of rent who satisfies the requirements of subparagraphs (a)-(c) of paragraph 1.


3) The protections in paragraphs 1 and 2 shall be in effect through May 31, 2020.


Nothing in this Order shall prevent a tenant who is able to pay all or some of the rent due from paying that rent in a timely manner or relieve a tenant of liability for unpaid rent.


Nothing in this Order shall in any way restrict state or local governmental authority to order any quarantine, isolation, or other public health measure that may compel an individual to remain physically present in a particular residential property.


IT IS FURTHER ORDERED that this Order supersedes Executive Order N-28-20 to the extent that there is any conflict with that Order.

This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.
I FURTHER DIRECT that as soon as hereafter possible, this proclamation be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order.
IN WITNESS WHEREOF I have hereunto set
my hand and caused the Great Seal of the
State of California to be affixed this 27th
day of March 2020.

GAVIN NEWSOM
Governor of California