ZOOM Consultation Warning

As you know, we are in the middle of a pandemic.  This is a very unique situation, and one in which very few organizations or people were prepared for.  As everyone quickly found out, this is different than a hurricane or earthquake in many ways.  For one, COVID 19 can not be seen, and there is little information on how long it will last.

One of the ways schools and courts have adjusted is by using internet platforms that allow for video conferencing.  This is a great way to relay information among others when it is not advisable or you can not meet face to face.

While Zoom is the preferred encrypted video conferencing platform for many, it should be noted the platform has some drawbacks.  One, it appears to be prone to attacks by others that acquire the correct credentials to join in on a meeting.  Apparently, hacking software has been developed that allows one to take control of a meeting by redirecting the audio and video to the hackers control.

It has also recently been reported on the news that Zoom has a flaw in its encryption, allowing others to be able to hear and see conversations among others.  Hence, if you have sensitive information to convey to others, including legal consultations, you should probably avoid using Zoom to convey that information until Zoom can improve the security of its platform to be secure.

UPDATE WILLS

I have had several calls about doing Last Will and Testaments, and reviewing ones that have already been done.  Yes, I do more than just bankruptcies. 

The governor has issued an order to stay at home.  The daily news outlines county by county how many positive cases of COVID 19 have been discovered, both total numbers and new cases in the past 24 hours.

This gives one pause to reflect with everything going on in the world right now.  It could also bring one peace of mind to know you have a properly drafted will.  Should you need a will reviewed, or need other testamentary documents drafted and reviewed, you should contact your attorney, or an attorney in your area competent in drafting and executing such instruments.  While I am happy to draft these documents for Florida residence, these documents are state specific, so I would recommend you have an attorney within your state draft these documents.

Bankruptcy: NON ESSENTIAL BUSINESS CLOSED

CORONAVIRUS: WORK FROM HOME, Safer from Home.

We are currently under an order from Governor Desantis to close all non-essential businesses in Florida.  Law offices, depending on their practice and status of cases, could be an essential business. 

However, in an effort to conform with the spirit of the law, I am seeing clients by internet or telephone conference.  The current technology is such, that allows attorneys to consult with clients using one of several video meeting platforms.  I have recently been using a platform called ZOOM, which has a free application and is similar to Skype.  This allows me to further conform with the wishes of state authorities in being able to work from home, and still being available to consult with clients.

So, should you know anyone needing a bankruptcy consultation, please don't hesitate contact me at 904-652-0060, or by email at dgrange@grangelaw.org to arrange for a video conference.  I am also offering consultations for a wills, probate, bankruptcy, or any other consumer advocacy matters.

Coronavirus Update regarding Meeting of Creditors

 

NEW PROCEDURES FOR MEETING OF CREDITORS (341 Meeting)

In light of the recommendations of the CDC regarding the spread of the COVID-19 virus, effectively immediately and until further notice, the United States Trustee for Region 21 has directed that all Meetings of Creditors under 11 U.S.C. § 341 in all bankruptcy cases, and all Initial Debtor Interviews in Chapter 11 and Subchapter V cases, be conducted by telephone conference.

For cases in which the initial § 341 meeting was postponed (generally, cases in which the initial § 341 meeting was scheduled between March 17, 2020 and April 10, 2020) and until further notice in all newly filed cases, the Court will issue Notices of Case Filing that include information regarding the telephonic § 341 Meeting. The Notices of Case Filing will include the "dial in" telephone number for the appointed trustee or the U.S. Trustee's Office, a participant passcode, and the time of the telephonic meeting. This information will also be provided in notices of the Initial Debtor Interview in Chapter 11 and Subchapter V cases.

The U.S. Trustee's Office requests that all attorneys and their clients cooperate in making this process work as smoothly as possible under these difficult and unprecedented circumstances.

What Happens To Repossessed Property Upon Filing Bankruptcy

So, you had some personal property repossessed.  Now what.  Can you get it back?  If so, what do you have to do?  When do you have to do it?  Do you need an attorney?

Well, the answer is, like in so many cases, "It Depends."  I know that response may sound outdated, but in the bankruptcy world, it is anything but outdated.


How does this work with bankruptcy?

When one files bankruptcy, there is something that automatically comes into play without the need for a court order, referred to as an "automatic stay".  It stays creditors from initiating collection efforts or proceeding with collection efforts.  Some appellant courts have interpreted this as meaning repossessed property had to be returned to the debtor (with some exceptions) automatically, or the creditor could face sanctions for violating the automatic stay.  This is the holding in the Second, Seventh, Eighth, Ninth and Eleventh Circuits.

To the contrary, the Tenth Circuit and the District of Columbia have interpreted the code provision as meaning the property may have to be returned, or face sanctions, only after a court order has been entered.

So, which of the courts are correct?

Hopefully we will soon find out.  This is a question that is before the Supreme Court of the United States, for which has been granted a Writ of Certiorari in December of last year, in City of Chicago, Illinois vs. Fulton (19-357).


This issue has been extensively written about for over a decade.  If you have property that has been seized by a creditor, I highly recommend you seek the advice of a competent bankruptcy attorney in your area for advise ASAP, as your rights may be negatively effected with the passage of time.

Phones Down..Now Back UP!!

To All My Clients, both current and future, and those wonderful solicitors:

I have Comcast, and for the 2nd time in several years, our phone system has gone down, with no notice other than our phone simply stopped ringing.  Well, I am not going to make a soap box out of this, but I am happy to announce that

as of YESTERDAY afternoon, my PHONES ARE BACK UP and running again.

I extend my oligopolies for any inconvenience this may have caused anyone, and I thank you very much for your patience and understanding.

My phone number is still 904-652-0060.

Of course, you can always contact me by email (no, the email did not go down) at dgrange@grangelaw.org.

Dinkins Grange

Capital One Compromise (Hack): Now What?

In the aftermath of Capital One’s announcement on Monday of the compromise of approximately 100 million credit card applications, exposing roughly 77,000 bank account numbers and 140,000 Social Security numbers, many clients may have questions and concerns.

What can you do? Here are some tips disseminated by hubwallet:

1. Sign up for 24/7 credit monitoring – This way, you’ll find out immediately if someone tries to open an account in your name.
2. Enable Two-Factor Authentication – Use another layer of protection when logging into your email account and financial websites.
3. A Freeze Is Better Than an Alert – It probably isn’t necessary in this case, but if you really want to protect yourself from fraudulent borrowing, you can freeze your accounts with Equifax, Experian and TransUnion. This will help prevent anyone but you from accessing them, thus making it problematic to obtain a loan. A fraud alert, in contrast, doesn’t actually do much. 
4. Suppress Fraudulent Info – Get rid of negative info resulting from identity theft. 
5. Never Respond to Unsolicited Requests for Information – While this is obvious, it still happens. Never answer if you didn’t ask to be contacted.
   

This Capital One case is still fresh, and no one yet knows what the fallout will be from this breach. Should you have any questions or concerns regarding the breach, you can place them in the comments below, but please DO NOT include any personal information!!

Of course, as always, the preferred way to get questions answered is to contact a competent consumer advocacy attorney of you choice. Many bankruptcy and foreclosure defense attorneys fall into this category.