What is an Emergency Bankruptcy?

emergency bankruptcy

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There are situations in which a potential Debtor may be faced with circumstances that would necessitate an emergency bankruptcy filing. The petition and schedules required to file a non-emergent Bankruptcy are lengthy and can be time intensive. An emergency filing allows a potential debtor to get a bankruptcy on file quickly without having to go through all of the paperwork initially.

Although a debtor should avoid filing an emergency petition if they can help it, there are circumstances where a debtor has no choice but to file an emergency petition. This emergency petition would be to prevent or stop the following:

  • home foreclosure
  • auto repossessions
  • eviction
  • garnishments
  • lawsuits

In order to get the emergency paperwork on file you will have to supply the court with the following:

  • the bankruptcy petition
  • creditor matrix
  • statement of social security number
  • certificate of credit counseling

It is important to note that there is still a filing fee associated with your emergency petition. The chapter 7 filing fee is $335.00, and the Chapter 13 filing fee is $310.00. After you have filed the emergency petition, you will have 14 days to supplement your petition with the remaining schedules and financial information. If you do not provide this information within 14 days your case could be dismissed.

If you are facing a situation where you think an emergency bankruptcy filing is necessary, contact our office and one of our experienced attorneys will be able to help.

By W M Law Attorney, Jessica-Marie Hutchison

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Jeffrey L. Wagoner


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