How Does an Emergency Bankruptcy Filing Work?

How Does an Emergency Bankruptcy Filing Work?


Understanding Emergency Bankruptcy Petition

Some people come to a Gilbert bankruptcy attorney because they have finally had enough struggling with debt, and they want to seek the protection available to them under the law. Some people come to a bankruptcy lawyer in Gilbert because they are looking at a clock quickly ticking down to the bank coming to take their house or their car. They need to act fast, or they have a lot more to lose than a few more points off their credit score. 

An emergency bankruptcy filing allows these people to get the protection of the automatic stay quickly. With an emergency filing, you need only submit a few documents, allowing the automatic stay to be implemented immediately so you can put a stop to foreclosure proceedings or other legal action. Then you have 14 days to submit the rest of the required documentation and to continue with the bankruptcy proceedings. 

How Does an Emergency Bankruptcy Filing Work?

Forms Required for an Emergency Bankruptcy Filing

The primary form you will need for an emergency bankruptcy filing is the bankruptcy petition itself. The petition will be specific to the type of bankruptcy you are filing, either Chapter 7 bankruptcy or Chapter 13 bankruptcy. Each type will require different information, and your Gilbert bankruptcy attorney will walk you through that step-by-step. Your attorney will request all the needed information and complete the form, then review it with you in detail before submitting it. 

In addition to the petition, you will need to submit a list of all your creditors and their contact information. You will need to also include people who may be involved in collecting a debt, such as a collection agency or sheriff. 

You must complete a credit counseling course before you can file for bankruptcy, and you will have to submit proof of that completion with your bankruptcy petition. You must also submit a Form B121, which involves providing your Social Security information.

Finally, you will have to pay the bankruptcy filing fee when you submit your petition. You can apply for a fee waiver, or you can apply to be able to pay your fee in installments. You must meet certain criteria to qualify for either option, and your bankruptcy attorney in Gilbert will counsel you on what to expect. 

Additional Forms that May be Required

There may be scenarios in which the court requires additional forms or documentation with the bankruptcy petition, even when it is an emergency filing. It is essential that you comply with all the requirements, or else you risk having your petition dismissed entirely. 

One form that is commonly requested to be submitted is an order of dismissal that will be put into effect if the applicant does not submit all the required documentation for the bankruptcy petition with the 14-day time frame. Other times, the court requests a cover sheet to outline all the forms that are being included in the bankruptcy petition. These and other requests may seem trivial to you, but they are not optional. Follow the directions of the court to the letter or risk getting the debt relief that you so desperately need. 

Your Gilbert bankruptcy attorney will help you understand all that is required for your emergency bankruptcy petition, as well as throughout the bankruptcy process. You will have to provide a lot of follow-up documentation, as well as complete additional education classes and attend meetings. Your attorney can give you tips for how to expedite the process so that you get the discharge you want as quickly as possible – or, in the case of Chapter 13 bankruptcy, you start your repayment plan as quickly as possible. 

Gilbert Bankruptcy Lawyers are ready to help. We can file an emergency bankruptcy petition to help you fast-track the bankruptcy process and get protection under the automatic stay as quickly as possible. We represent clients in Chapter 7 bankruptcy and Chapter 13 bankruptcy, and we can help you figure out which will give you the maximum benefits. We offer a zero down bankruptcy filing with affordable fees. Contact us in Gilbert today to schedule a free consultation with a bankruptcy lawyer to learn more about your options. You can stop the creditor harassment and get the debt relief you need. 

Gilbert Bankruptcy Lawyers
Office: 480-448-9800