Filing an Emergency Bankruptcy
Posted on Oct 2, 2013 4:21pm PDT
If you are in need of a quick bankruptcy, then you may want to file it under emergency conditions in order to get your process expedited. Normally, people file emergency bankruptcies when they need an almost immediate automatic stay to avoid foreclosure or a seizure of valuable property. Typically, a person who files for an emergency bankruptcy doesn't have time to complete the rest of the bankruptcy forms before the automatic stay must be put in place. Individuals who file this bankruptcy will still need to complete all forms, but they may not be required until after the filer has already entered bankruptcy.
To file for an emergency bankruptcy, you will first want to check with our local bankruptcy court to determine which forms must be submitted in order to start an emergency filing. Then, individuals will need to fill out the Form 1 – Voluntary Petition including Exhibit D which discusses emergency filing. The filer will then need to fill out a Mailing Matrix or equivalent court-provided form and list all creditors as well as collection agencies, sheriffs, and others who have been trying to collect debts from you.
Also, attorneys that have lawsuits pending against you can be listed on this form. After this, individuals need to fill in the Statement of Social Security Number form and nay other papers that your particular court requires. Filers will need to file the original and the required number of copies with the court and will need to pay a fee. Normally, this is the Application for Payment Fee. It can sometimes be paid in installments. Depending on where you live, the courts may also require that you file a cover sheet and an Order Dismissing Chapter 7 Case which will be processed if you don't file the rest of your papers within 14 days.
Normally, if the bankruptcy court where you are filing requires this form, then it will be located on their website. A local bankruptcy attorney can also help you to obtain it, or you can get assistance collecting the forms from a bankruptcy petition preparer. After the bankruptcy has started, emergency filers will be required to fill out all additional forms required in a bankruptcy. If they aren't filled out within 14 days of the original filing, then the bankruptcy case will be dismissed using the order that was originally filed for this purpose.
If you end up in this situation, you have the right to file for bankruptcy again. However after the case is dismissed, creditors will have the opportunity to size any properties that were protected during the automatic stay. It is best to make it a priority to fill out all forms promptly after entering into an emergency bankruptcy to avoid this from happening. Sometimes the court will keep an automatic stay in place for 30 days after you file for bankruptcy the first time, and this will allow you to re-file without losing property.
You will need to negotiate with your court regarding this if you want more information. To make your bankruptcy swift and efficient, it is wisest to hire a bankruptcy lawyer to assist you in your case. With the right legal representative on your side, you can make sure that you will not forget any important information and will not miss deadlines that could result in an unwelcome dismissal. Use this directory to locate a bankruptcy attorney near you who can assist you with your case!