Important Things to Know About Emergency Bankruptcy Filings
If you are facing repossession, a wage garnishment, or foreclosure, time may not be on your side. In these scenarios, emergency bankruptcy filings, also known as skeleton filings, can bring relief to borrowers. An emergency bankruptcy filing can provide immediate protection from creditors and give you the necessary time to collect the paperwork you need. Below, our Orlando bankruptcy lawyer outlines what you need to know about emergency filings.
What is an Emergency Bankruptcy Filing?
When filing emergency bankruptcy, you need only a few important documents. After you have filed, the automatic stay will go into effect, which will immediately stop all collection efforts. You then have 14 days to complete the remaining documents and file them with the court. Timing is of critical importance when filing emergency bankruptcy. Making sure the appropriate forms are filed quickly can mean the difference between protecting your property or losing it.
When to File Emergency Bankruptcy?
Filing emergency bankruptcy has many benefits, but it is not always necessary. These filings are only necessary in certain situations, such as the following:
- There is a foreclosure sale pending on your home
- A wage garnishment against you has already been scheduled or is underway
- Your vehicle is about to be repossessed
- You are in fear of a lawsuit involving medical debt, a credit card, or another unsecured obligation
Although an emergency bankruptcy can provide immediate protection while also giving you more time to collect important documents, filing too quickly can also result in mistakes. Incorrect information, missing forms, or missed deadlines may result in your case being dismissed. An experienced bankruptcy lawyer can ensure the process is quick but accurate.
What Documents are Needed in Emergency Bankruptcies?
Although you do not need as many documents when filing emergency bankruptcy, you will have to submit certain paperwork right away and file other documents within 14 days. The documents you will need to submit immediately include:
- The bankruptcy petition
- A list of all of your creditors and their addresses
- A certificate showing you completed a credit counseling course, or proof that you attempted to complete a course
- The filing fee, installment request, or your application for a fee waiver
After the above paperwork has been filed, you will then need to file other documents within 14 days. These documents include:
- All bankruptcy schedules
- A detailed inventory of your income, assets, debts, and expenses
- Other forms required by the bankruptcy court
An Orlando bankruptcy lawyer can advise on the documents you need and ensure they are filed properly.
Our Bankruptcy Lawyer in Orlando Can Help You Obtain Immediate Protection
If you are facing a financial emergency, a skeleton bankruptcy may be the right option for you. At Anderson & Ferrin, P.A., our Orlando bankruptcy lawyer can handle your case with urgency and precision so you obtain the best possible outcome. You do not have to face these challenges on your own. Call us now at 407-412-7041 or fill out our online form to schedule a consultation with our experienced attorney and to learn more about how we can help.
Source:
uscourts.gov/court-programs/bankruptcy/bankruptcy-basics
