Blogs

4 years 11 months ago

The Bankruptcy Court is Alexandria is Postponing the Trustee Hearings. Because of the corona virus, bankruptcy hearings in Alexandria VA scheduled up through April 10 are postponed. (I’m guessing the rest of April will get postponed, too.) Postponed Until When? There’s no news on when they will be reschedule, or how. Some courts have adopted […]
The post Bankruptcy Trustee Hearings Postponed Due to Virus by Robert Weed appeared first on Robert Weed - AE.


4 years 8 months ago

The Bankruptcy Court is Alexandria is Postponing the Trustee Hearings. Because of the corona virus, bankruptcy hearings in Alexandria VA scheduled up through April 10 are postponed. (I’m guessing the rest of April will get postponed, too.) Postponed Until When? There’s no news on when they will be reschedule, or how. Some courts have adopted […]
The post Bankruptcy Trustee Hearings Postponed Due to Virus by Robert Weed appeared first on Northern VA Bankruptcy Lawyer Robert Weed - .


4 years 11 months ago

Because of the COVID-19 Scare, Thousands of Our Seniors are Being Ripped-Off
DO NOT FALL FOR SCAMS – CURRENTLY THERE IS NO CURE FOR COVID-19 (RESOURCES FOR SENIORS)

Attorney General Brnovich and Senator Sinema Issue Warning Regarding New COVID-19 Senior Scams
PHOENIX (the following is a reprint from the Attorney General’s website) – Attorney General Mark Brnovich and Senator Kyrsten Sinema are teaming up to remind Arizona seniors to be on the lookout for new COVID-19 related scams. Both offices have reported an increase in communications from concerned Arizonans. Fake miracle cures and events, shopping thieves, door-to-door sanitization services, robocalls, official-looking phishing emails, and government impostor scams are all on the rise as the unethical try to gain access to the financials of Arizona seniors. Con artists frequently take advantage of headlines and are currently exploiting the anxieties of vulnerable seniors over COVID-19.
COVID-19 and other scams
“This is a vulnerable time for many and we can’t overlook the mental and emotional impact self-isolation can have on us all,” said Attorney General Mark Brnovich. “Now, more than ever, it’s important for Arizonans to remain in regular phone contact with their parents, grandparents, and other seniors to ensure their physical, emotional, and spiritual needs are being met.”
“Arizonans should stay alert and look out for one another during this difficult time. For up-to-date coronavirus information, all Arizonans should listen to government scientists and specialists; they are experts and will help you stay safe, healthy, and calm,” said Senator Kyrsten Sinema.
SHOPPING THIEVES:
There are reports of thieves offering to go shopping for self-isolating seniors, only to take their money and never return with goods. Do not trust random strangers to shop for you. Many Valley grocery stores have announced special early morning hours just for seniors. Non-profits have also offered to help seniors with shopping needs.  Seniors in need of assistance can contact the Area Agency on Aging’s 24-Hour Senior Help Line at 602-264-HELP (602-264-4357) or toll-free at 888-264-2258. Those hard of hearing or deaf can text 520-775-1899.
DOOR-TO-DOOR SERVICES:
The Attorney General’s Office has received reports of individuals going door-to-door claiming they can sanitize homes and help keep seniors from COVID-19. There have also been reports of individuals claiming to work for the 2020 Census asking for financial information or money. The Census Bureau has suspended field operations until April because of COVID-19. Never allow anyone access to your house that you don’t know or didn’t request assistance from.You can still participate in the Census online here.
MIRACLE PRODUCTS AND COVID-19 VACCINES:
Con artists are calling and emailing consumers claiming to be from medical organizations that have a COVID-19 vaccination and require payments to buy a dose. The Internet has been flooded with ads for sham treatments such as hand soaps, supplements, toothpastes, and essential oils. A recently cancelled event scheduled for Phoenix promised supernatural protections against COVID-19. There currently is NO vaccination for COVID-19 and there is NO proven product to cure the virus. 
In a variation of the miracle cure scam, fraudsters try to lure individuals to invest in companies that can supposedly prevent, detect, or cure COVID-19. The U.S. Securities and Exchange Commission (SEC) issued an alert about investor fraud involving COVID-19 cures.
GOVERNMENT IMPOSTOR MONEY SCAMS:
scamStealing money from seniors
Scammers frequently contact seniors claiming to be from the government or private institutions seeking to obtain personal or financial information for a legitimate purpose. With discussions of possible financial assistance coming as a result of COVID-19, it is important to remember the government will not text you or ask you to pay anything up-front to receive benefits. The government will never call or text and ask for your Social Security number, bank account information, or credit card number.
There are reports of Arizonans receiving text messages about being “Prequalified” to receive money as a result of the “Virus Outbreak.” Financial assistance in the form of government checks are not yet a reality and anyone who tells you they can get you COVID-19 money now is a scammer. Legitimate government offices will not call and threaten to arrest you or penalize you for not providing personal information.
PHONE SCAMS / ROBOCALLS / TEXT MESSAGES / PHISHING EMAILS:
senior scams
Both offices are receiving reports of a spike in illegal robocalls, text messages, and emails being used by scammers to pitch everything from COVID-19 treatments to testing. Consumers should screen their calls and let answering machines and voicemail pick up calls from unknown callers. Place your phone number on the National Do Not Call Registry.
Fraudsters are also sending phishing emails claiming to be from the Centers for Disease Control and Prevention (CDC) or the World Health Organization (WHO). Do not click on any unsolicited links. Do not reveal personal or financial information in email, and do not respond to email solicitations for this information. If you have questions about COVID-19, seek out information from the CDC and the WHO directly.
RESOURCES AVAILABLE FOR SENIORS:

If you believe you have been the victim of consumer fraud, you can file a consumer complaint by visiting the Attorney General’s website. If you need a complaint form sent to you, you can contact the Attorney General’s Office in Phoenix at (602) 542-5763, in Tucson at (520) 628-6648, or outside the Phoenix and Tucson metro areas at (800) 352-8431.
Senator Sinema, a member of the Senate Aging Committee and the Senate Banking Committee, recently cosponsored and shaped the Supporting Older Americans Act of 2020. It will protect seniors from falls, increase resources for chronic diseases, and expand access to home health care and caregivers. The bill passed the U.S. Senate and is now heading to the President’s desk to be signed into law. Sinema also introduced the bipartisan Senior Security Act, which creates a task force at the Securities and Exchange Commission to protect seniors from financial crimes.
Attorney General Brnovich is a member of a bipartisan working group of state attorneys general titled “Protecting America’s Seniors: Attorneys General United Against Elder Abuse.” Last week, General Brnovich notified all financial and lending institutions that serve Arizonans and urged them to provide temporary and economic security to their customers in financial hardship during this unprecedented health emergency.
senior scams

MUSINGS FROM DIANE:

senior scam
Why are there people who believe they have the right to prey on the most vulnerable – our seniors?  I hope there is a place in hell designed just for these scum.

We have a responsibility to protect those who are likely to be victimized – seniors and others who are naive.  Get the word out – share the above information and ask them to continue the share with others.  The more we shine light on this abuse, the more we will make a difference.

The post Scams on Seniors – COVID-19 and More appeared first on Diane L. Drain - Phoenix Arizona Bankruptcy & Foreclosure Attorney.


4 years 11 months ago

The Federal Government is Pausing Foreclosures on Mortgages They Control. Last week the Federal Housing Finance Agency announced a 60 day pause on foreclosures on mortgage loans the government controls. Those are mortgage loans controlled by Fannie Mae or Freddie Mac.  (Fannie and Freddie were government backed, private businesses. The government bailed them out during […]
The post Many Foreclosures Get a Virus Hold by Robert Weed appeared first on Robert Weed - AE.


4 years 8 months ago

The Federal Government is Pausing Foreclosures on Mortgages They Control. Last week the Federal Housing Finance Agency announced a 60 day pause on foreclosures on mortgage loans the government controls. Those are mortgage loans controlled by Fannie Mae or Freddie Mac.  (Fannie and Freddie were government backed, private businesses. The government bailed them out during […]
The post Many Foreclosures Get a Virus Hold by Robert Weed appeared first on Northern VA Bankruptcy Lawyer Robert Weed - .


4 years 11 months ago

The Federal Government is Pausing Foreclosures on Mortgages They Control. Last week the Federal Housing Finance Agency announced a 60 day pause on foreclosures on mortgage loans the government controls. Those are mortgage loans controlled by Fannie Mae or Freddie Mac.  (Fannie and Freddie were government backed, private businesses. The government bailed them out during […]
The post Many Foreclosures Get a Virus Hold by Robert Weed appeared first on Robert Weed - .


4 years 11 months ago

March 21, 2020: Federal Tax Day Moved from April 15 to July 15, but only for Federal Taxes (at this time)
taxesAccording to the IRS:
Tax Day now July 15: Treasury, IRS extend filing deadline and federal tax payments regardless of amount owed.
IR-2020-58, March 21, 2020 – The Treasury Department and Internal Revenue Service announced today that the federal income tax filing due date is automatically extended from April 15, 2020, to July 15, 2020.
Treasury, IRS and Labor announce plan to implement Coronavirus-related paid leave for workers and tax credits for small and midsize businesses to swiftly recover the cost of providing Coronavirus-related leave
IR-2020-57, March 20, 2020 – Today the U.S. Treasury Department, Internal Revenue Service (IRS), and the U.S. Department of Labor (Labor) announced that small and midsize employers can begin taking advantage of two new refundable payroll tax credits, designed to immediately and fully reimburse them, dollar-for-dollar, for the cost of providing Coronavirus-related leave to their employees
Tax Time Guide: Guard personal, financial and tax information year-round
IR-2020-56, March 13, 2020 — The Internal Revenue Service today reminded taxpayers to remain vigilant with their personal information by securing computers and mobile phones.
IRS announces waivers for Offer in Compromise applications
IR-2020-55, March 12, 2020 — The Internal Revenue Service today announced the release of final regulations that increase the Offer in Compromise application fee to $205 and provide an additional way for the IRS to waive the Offer in Compromise application fee for low-income taxpayers, based on their adjusted gross income (AGI).
States are still working out their own changes
Some states had already moved filing deadlines and, with Mnuchin’s (US Secretary of the Treasury) latest move, it’s possible that others will follow accordingly.  Staying on top of that is a lot like herding cats, but ConsumerAffairs search for a good guide on the situation turned up the state-by-state filing guidance from the American Institute of CPAs. That guide also has links to each individual state’s updates as they become available.
tax deadline

The post Tax Day Deadline Moved for Filing 2019 IRS Taxes appeared first on Diane L. Drain - Phoenix Arizona Bankruptcy & Foreclosure Attorney.


4 years 12 months ago

Families First Coronavirus Response Act, March 18, 2020
H.R. 6201 was signed into law March 18, 2020
Two parts of this Act that effect us today:
Families First Coronavirus Response Act Emergency Family and Medical Leave Expansion Act

  • Effective April 2 through December 31, 2020
  • Coverage – Employers: All if employ under 500 employees
  • Coverage – Employees: All if work at least 30 days for employer
  • Limit on FMLA – Public Health Emergency Leave for COVID-19
  • Amount of Leave: 12 weeks
  • Reason for Leave:
  • Employee unable to work or telework because needs to take care for minor son or daughter due to school closure or unavailability of childcare provider due to COVID-19.
  • Waiting period: First ten days unpaid – can substitute other paid time off
  • Paid leave:  Two-thirds of regular pay
  • Caps: $200.00 per day; $10,000.00 in aggregate
  • Job restoration unless under 50 employees and job no longer exists due to COVID-19 and employer tries for one year to contact employee if equivalent position opens
  • Exemption for employers of fewer than 50 if “would jeopardize the viability of the business as a going concern.”
  • Exemptions for healthcare providers and emergency responders
  • Tax credits available to employers
  • Payments not “wages.”

Emergency Paid Sick Leave Act
Effective April 2 through December 31, 2020

  • Coverage:  All employers of less than 500; all employees of those employers
  • No waiting period for employees
  • Eligibility for payment if employee cannot work or telework because:
    • (1)        Employee is subject to federal, Arizona, or local quarantine or isolation order related to COVID-19
    • (2)        Employee advised by healthcare provider to self-quarantine
    • (3)        Employee has symptoms of COVID-19 and seeking medical diagnosi
    • (4)        Employee caring for another subject to quarantine per (1) or advised per (2).
    • (5)        Employee caring for son/daughter due to school closure or childcare unavailability
    • (6)        Employee experiencing condition specified by HHS in consultation with Treasury and USDOL.
  • Duration:  80 hours for full-time employees; part-time prorated by two-week lookback average
  • No carryover.  Ends when employee returns to work.
  • Employer prohibited from requiring employee to find replacement
  • Employer prohibited from requiring employee to use other paid leave first
  • Model notice coming from USDOL
  • Employers prohibited from discharging or discriminating against employees using leave
  • Employers cannot recoup unused leave from employee
  • Caps:  Full pay for (1), (2) and (3) not to exceed $511 per day and $5110 aggregate
  •            Two-thirds pay for (4), (5) and (6) not to exceed $200 per day and $2000 aggregate
  • Exemption for employers of fewer than 50 if “would jeopardize the viability of the business as a going concern.”
  • Exemptions for healthcare providers and emergency responders
  • Tax credits available to employers
  • Payments not “wages.”

Families First Coronavirus Response Act

ADDITIONAL INFORMATION:

Families First Coronavirus Response Act to Require Emergency Sick Leave and Family Leave Aid to Covered Employees
March 20, 2020, by Susan P. Segal

On Wednesday, March 18, 2020, Congress passed and President Trump signed H.R. 6201 (the “Act”), also known as the Families First Coronavirus Response Act, which takes effect April 2, 2020, and remains in effect until December 31, 2020. The Act applies to many private and public employees who are affected by COVID-19 and expands sick leave and family leave benefits of many eligible employees nationwide. It also provides some relief to employers in the form of tax credits. From Gust Rosenfeld Employment Law Alert.
Emergency Paid Sick Leave
Division E of the Act applies to private sector employers with fewer than 500 employees, government employers, and all other non-private entity employers with more than one employee. This part of the Act requires those employers to provide a covered employee with two weeks of emergency paid sick leave if the employee is unable to work (or telework) for the following coronavirus related reasons:

  • The employee is subject to a Federal, State, or local quarantine or isolation order related to the coronavirus;
  • The employee has been advised by a health care provider to self-quarantine due to concerns related to the coronavirus;
  • The employee is experiencing symptoms of coronavirus and is seeking a medical diagnosis;
  • The employee is caring for an individual who is subject to a quarantine or isolation order or advised to self-quarantine by a health care provider;
  • The employee is caring for a son or daughter if the school or place of care of the son or daughter has been closed, or the child care provider of such son or daughter is unavailable, due to COVID-19 precautions.
  • The employee is experiencing any other condition substantially similar to the coronavirus, as specified by the U.S. Department of Health and Human Services.

This part of the Act applies to both full time and part time employees, and imposes caps on dollar amounts of emergency sick leave that must be paid. Wages required to be paid under these provisions will not be subject to the 6.2 percent social security payroll tax typically paid by employers on employees’ wages.
The Act also allows employers of employees who are health care providers or emergency responders to exclude those employees from the emergency paid sick leave provisions.
Emergency Family Leave
Division C of the Act applies to the same employers as Division E, and requires those employers to provide emergency family leave to full and part time employees who have been employed for at least 30 days and who are unable to work (or telework) for up to 12 weeks because they must care for their son or daughter if the school or place of care has been closed or a child care provider is unavailable due to public health emergency.
Under this part of the Act, the first 10 days in which an employee takes emergency leave may be unpaid. An employee may elect to substitute any accrued paid vacation leave, personal leave, or medical or sick leave for unpaid leave, but the employer cannot require that.  After 10 days of leave, an employer is required to provide emergency paid family leave at an amount not less than two-thirds of an employee’s regular rate of pay up to $200 per day or $10,000 in the aggregate.
Like Division E, this part of the Act exempts wages paid under this provision from the 6.2 percent social security payroll tax. It also allows employers of employees who are health care providers or emergency responders to exclude those employees from the emergency sick leave provisions.
The above summary touches on the main provisions of the Act that affect employee benefits due to COVID-19 and related public health emergencies. The United States Department of Labor and the United States Treasury Department will be issuing further guidance.

The post New Law to Protect Employees During the COVID-19 Crisis appeared first on Diane L. Drain - Phoenix Arizona Bankruptcy & Foreclosure Attorney.


4 years 11 months ago

New Laws: Emergency Family and Medical Leave, Emergency Paid Sick Leave
Families First Coronavirus Response Act  became law March 18, 2020
Two parts of this Act that effect us today:
Families First Coronavirus Response Act Emergency Family and Medical Leave Expansion Act

  • Effective April 2 through December 31, 2020
  • Coverage – Employers: All if employ under 500 employees
  • Coverage – Employees: All if work at least 30 days for employer
  • Limit on FMLA – Public Health Emergency Leave for COVID-19
  • Amount of Leave: 12 weeks
  • Reason for Leave:
  • Employee unable to work or telework because needs to take care for minor son or daughter due to school closure or unavailability of childcare provider due to COVID-19.
  • Waiting period: First ten days unpaid – can substitute other paid time off
  • Paid leave:  Two-thirds of regular pay
  • Caps: $200.00 per day; $10,000.00 in aggregate
  • Job restoration unless under 50 employees and job no longer exists due to COVID-19 and employer tries for one year to contact employee if equivalent position opens
  • Exemption for employers of fewer than 50 if “would jeopardize the viability of the business as a going concern.”
  • Exemptions for healthcare providers and emergency responders
  • Tax credits available to employers
  • Payments not “wages.”

Emergency Paid Sick Leave Act
Effective April 2 through December 31, 2020

  • Coverage:  All employers of less than 500; all employees of those employers
  • No waiting period for employees
  • Eligibility for payment if employee cannot work or telework because:
    • (1)        Employee is subject to federal, Arizona, or local quarantine or isolation order related to COVID-19
    • (2)        Employee advised by healthcare provider to self-quarantine
    • (3)        Employee has symptoms of COVID-19 and seeking medical diagnosi
    • (4)        Employee caring for another subject to quarantine per (1) or advised per (2).
    • (5)        Employee caring for son/daughter due to school closure or childcare unavailability
    • (6)        Employee experiencing condition specified by HHS in consultation with Treasury and USDOL.
  • Duration:  80 hours for full-time employees; part-time prorated by two-week lookback average
  • No carryover.  Ends when employee returns to work.
  • Employer prohibited from requiring employee to find replacement
  • Employer prohibited from requiring employee to use other paid leave first
  • Model notice coming from USDOL
  • Employers prohibited from discharging or discriminating against employees using leave
  • Employers cannot recoup unused leave from employee
  • Caps:  Full pay for (1), (2) and (3) not to exceed $511 per day and $5110 aggregate
  •            Two-thirds pay for (4), (5) and (6) not to exceed $200 per day and $2000 aggregate
  • Exemption for employers of fewer than 50 if “would jeopardize the viability of the business as a going concern.”
  • Exemptions for healthcare providers and emergency responders
  • Tax credits available to employers
  • Payments not “wages.”

Families First Coronavirus Response Act

ADDITIONAL INFORMATION:

Families First Coronavirus Response Act to Require Emergency Sick Leave and Family Leave Aid to Covered Employees
March 20, 2020, by Susan P. Segal

On Wednesday, March 18, 2020, Congress passed and President Trump signed H.R. 6201 (the “Act”), also known as the Families First Coronavirus Response Act, which takes effect April 2, 2020, and remains in effect until December 31, 2020. The Act applies to many private and public employees who are affected by COVID-19 and expands sick leave and family leave benefits of many eligible employees nationwide. It also provides some relief to employers in the form of tax credits. From Gust Rosenfeld Employment Law Alert.
Emergency Paid Sick Leave
Division E of the Act applies to private sector employers with fewer than 500 employees, government employers, and all other non-private entity employers with more than one employee. This part of the Act requires those employers to provide a covered employee with two weeks of emergency paid sick leave if the employee is unable to work (or telework) for the following coronavirus related reasons:

  • The employee is subject to a Federal, State, or local quarantine or isolation order related to the coronavirus;
  • The employee has been advised by a health care provider to self-quarantine due to concerns related to the coronavirus;
  • The employee is experiencing symptoms of coronavirus and is seeking a medical diagnosis;
  • The employee is caring for an individual who is subject to a quarantine or isolation order or advised to self-quarantine by a health care provider;
  • The employee is caring for a son or daughter if the school or place of care of the son or daughter has been closed, or the child care provider of such son or daughter is unavailable, due to COVID-19 precautions.
  • The employee is experiencing any other condition substantially similar to the coronavirus, as specified by the U.S. Department of Health and Human Services.

This part of the Act applies to both full time and part time employees, and imposes caps on dollar amounts of emergency sick leave that must be paid. Wages required to be paid under these provisions will not be subject to the 6.2 percent social security payroll tax typically paid by employers on employees’ wages.
The Act also allows employers of employees who are health care providers or emergency responders to exclude those employees from the emergency paid sick leave provisions.
Emergency Family Leave
Division C of the Act applies to the same employers as Division E, and requires those employers to provide emergency family leave to full and part time employees who have been employed for at least 30 days and who are unable to work (or telework) for up to 12 weeks because they must care for their son or daughter if the school or place of care has been closed or a child care provider is unavailable due to public health emergency.
Under this part of the Act, the first 10 days in which an employee takes emergency leave may be unpaid. An employee may elect to substitute any accrued paid vacation leave, personal leave, or medical or sick leave for unpaid leave, but the employer cannot require that.  After 10 days of leave, an employer is required to provide emergency paid family leave at an amount not less than two-thirds of an employee’s regular rate of pay up to $200 per day or $10,000 in the aggregate.
Like Division E, this part of the Act exempts wages paid under this provision from the 6.2 percent social security payroll tax. It also allows employers of employees who are health care providers or emergency responders to exclude those employees from the emergency sick leave provisions.
The above summary touches on the main provisions of the Act that affect employee benefits due to COVID-19 and related public health emergencies. The United States Department of Labor and the United States Treasury Department will be issuing further guidance.

The post New Law to Protect Employees During the COVID-19 Crisis appeared first on Diane L. Drain - Phoenix Arizona Bankruptcy & Foreclosure Attorney.


4 years 12 months ago

What Federal Lenders are Doing Regarding Foreclosures During the COVID-19 Crisis
As of 3/20/20: NOTE THE FOLLOWING ARE ALL FEDERAL LOAN PROGRAMS:
Attached is a list of what the different lenders are doing in regard to foreclosures:
FHA Insured Single-Family Mortgages and Home Equity Conversion Mortgages:

  • HUD Mortgagee Letter 2020-04   www.hud.gov/sites/dfiles/OCHCO/documents/20-04hsgml.pdf
  • Fannie Mae Lender Letter 2020-02   singlefamily.fanniemae.com/media/22261/display
  • Freddie Mac Bulletin 2020-4 guide.  freddiemac.com/app/guide/bulletin/2020-4
  • USDA encourages SFHGLP loan servicers to extend forbearance alternatives to borrowers whose health or employment has been impacted as a result of COVID-19.
  • USDA Rural Development requires that holders suspend all foreclosure activity until April 30, 2020. The foreclosure suspension applies to the initiation of new foreclosure actions and to foreclosure actions already in process.
  • VA strongly encourages loan holders to establish a sixty-day moratorium beginning March 18, 2020, on completing pending foreclosures or initiating new foreclosures on loans.

The post Federal Home Loans, Foreclosures and COVID-19 appeared first on Diane L. Drain - Phoenix Arizona Bankruptcy & Foreclosure Attorney.


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