Do you urgently need to prevent a creditor from collecting on a debt you owe? If so, you might want to consider filing for emergency bankruptcy. While the usual bankruptcy process can take quite some time to finalize, emergency bankruptcy can offer you immediate protection from debt collection.
If you are interested in learning more about whether an emergency bankruptcy filing is right for you, Loan Lawyers is here to help. Our experienced Florida bankruptcy attorneys can review your situation and help you evaluate your options. If you decide an emergency bankruptcy filing is right for you, we can guide you through the process and ensure your rights are protected.
Contact our firm today for a free consultation to discuss your situation and determine the best course of action.
What is an Emergency Bankruptcy?
Emergency bankruptcy, which is sometimes referred to as a skeleton bankruptcy filing, is a fast-track form of bankruptcy that offers you prompt protection from debt collection. Individuals who desperately need to stop creditors from collecting on debt often turn to this form of bankruptcy for immediate relief.
When a debtor files for emergency bankruptcy, an automatic stay goes into effect, which generally prevents creditors from collecting on their debts. Some common reasons why debtors will pursue emergency bankruptcy include:
- To stop their home from being foreclosed on
- To stop the repossession of an essential vehicle
- To avoid eviction from a home
- To prevent wage garnishment by a creditor
When filing for emergency bankruptcy, a debtor’s goal is to get the automatic stay in place as quickly as possible and complete the remaining bankruptcy paperwork afterward.
If you would like to learn more about an emergency bankruptcy filing to stop foreclosure, or you have any other questions about the process, contact our attorneys to discuss your situation.
How to Prepare a Petition for Emergency Bankruptcy Filing in Florida
Filing for emergency bankruptcy allows you to obtain an automatic stay, immediately preventing creditors from collecting on any debts you owe. You will still need to complete all the regularly required bankruptcy paperwork within 14 days of filing for emergency bankruptcy, or your case will not be able to proceed. However, some people use an emergency bankruptcy filing to stop foreclosure or repossession. If time is of the essence in your case, the emergency bankruptcy filing might be right for you.
The first step to filing for emergency bankruptcy is taking an online credit counseling course, which must be completed at least one day before filing for bankruptcy. You should be able to do this regardless of the time of day or night. After you’ve done that, you will need to file several other documents. The bulk of the necessary paperwork can be completed within the 14-day window provided by the emergency bankruptcy. An experienced bankruptcy lawyer from Loan Lawyers can assist you with this process.
Requirements for an Emergency Bankruptcy Filing
To file emergency bankruptcy, you must be eligible for Chapter 7 bankruptcy or Chapter 13 bankruptcy. For a Chapter 7 bankruptcy, you must pass the means test, have not previously received a Chapter 7 bankruptcy discharge within eight years, and have passed a credit counseling class within the last 180 days. To be eligible for a Chapter 13 bankruptcy, you must have total debts beneath certain levels (which are adjusted every three years) and have sufficient income to make the monthly payments you will outline in your bankruptcy plan. An experienced bankruptcy attorney can explain these and other applicable requirements in greater detail.
There are certain required forms you must complete and submit to file for emergency bankruptcy. You will need:
- The bankruptcy petition. This petition is the primary document you need when filing for bankruptcy. It will contain information such as the type of chapter you’re filing, information about yourself, and the total amount of your debt.
- Creditors list. You will also list the creditors affected by your bankruptcy filing and their contact information.
- Proof of having completed a credit counseling program or a waiver request.
- Statement about your Social Security number. This is known as Form 121. You can access this document online.
- Filing fee. If you can’t afford the filing fee, you can request a waiver or ask if you can pay the fee over time.
An emergency filing will initiate the automatic stay. However, you will also need to file the rest of your bankruptcy paperwork within the 14-day window, or risk having your case dismissed.
Before you fill out your emergency bankruptcy filing forms, it’s a good idea to consult an experienced bankruptcy attorney. Our lawyers can help see that all your necessary paperwork is filled out correctly and filed promptly.
Steps in an Emergency Bankruptcy Filing
If you are prepared to file for emergency bankruptcy, our bankruptcy lawyers can help you complete the following steps:
- Fill out your bankruptcy petition.
- Provide a list of your creditors and their addresses. You should also list others attempting to collect money from you, including lawyers, law enforcement agencies, and debt collection agencies.
- Fill out Form 121, your social security number form.
- Provide any other documentation the court requires.
- File with the court. When you file, you will submit all of the required forms, as well as copies of those forms based on the court’s requirements. You will also submit your filing fee at this time (or your request for a fee waiver if you cannot pay the fee). If you can only afford part of the fee, and you are filing for Chapter 7, submit a request to the court to pay in installments. Lastly, be sure to include a return envelope addressed to your mailing address.
- Once you have filed the necessary initial paperwork, be sure to complete the remaining paperwork within the next two weeks.
Filing for bankruptcy is a stressful process, and the paperwork alone can easily total more than 50 pages. Making one mistake on your forms can jeopardize your desired outcome. That’s why it’s crucial to get the help of an experienced bankruptcy attorney.
The Fort Lauderdale bankruptcy attorneys at Loan Lawyers are prepared to help you understand the filing process, fill your forms out correctly, and submit them before the deadline to prevent your case from being dismissed.
Contact Our Florida Bankruptcy Attorneys Today
If you are considering filing for emergency bankruptcy, contact the attorneys at Loan Lawyers in Ft. Lauderdale today. When you are experiencing stress or anxiety due to the uncertainty of debt or foreclosure, trust the experienced total debt solution law firm with a proven track record of success. Our team has helped over 7,000 clients in Florida get out of debt, and we are ready to defend your rights and guide you through the bankruptcy process, too. Contact us today for a free initial consultation, where you can speak with one of our qualified attorneys to discuss your situation and ask any questions you have about filing an emergency bankruptcy petition.
