Retirement of Motion for Moratorium-Coronavirus Form
This Notice was effective pursuant to the email sent out to the bar on June 1, 2020:
This office created a Motion for Moratorium to address the need for debtors to obtain expedited relief resulting from Governor DeWine’s “Shelter in Place Order” and associated issues raised by the Coronavirus pandemic. With the reopening of business in Ohio and elsewhere, we are terminating the use of this form immediately. Effective June 1, 2020, we will no longer sign agreed orders granting moratoriums. Moratoriums may only be granted after notice and an opportunity for a hearing.
If you wish to seek an extension of any moratorium currently in place, or need to request a moratorium, we may request documentation to substantiate the need for the requested moratorium. The documentation should substantiate that a debtor has been laid off from employment or has reduced income, and it should also verify any amounts in unemployment benefits being received from both the state and federal governments or any other benefits being received from any source for the period requested. We expect proof that your client sought unemployment benefits from the state and federal government, and we would expect proof that such benefits were denied (or that an application is still pending) should that be the case.
Because the Coronavirus Moratorium Order terminated the wage order, there is no basis to request a refund of money from the Trustee’s office. If you file a new motion for moratorium where a wage order is in effect and is funding, and you request a refund of money received during the moratorium period, please note that we are unable to process refunds at this time other than through the end of month distributions which typically are sent out from an off-site EPIQ location during the first two weeks of the following month. At this time we do not have sufficient staffing to process refunds other than through the end of month process.
Any motions seeking to suspend conduit mortgage payments must be properly served on the mortgagee. All motions must be properly noticed per Judge Harris and Judge Price Smith’s requirements.
Finally, please remind your clients of their obligations to resume funding upon the termination of their moratorium period. We will be automatically uploading new wage orders at the end of the moratorium, but there is often a delay before employers begin honoring wage orders. We expect your clients to send funds timely until the employer resumes the wage deduction and your clients should contact the payroll department at their place of employment to assist in the process of resuming the wage deduction.