Bankruptcy often feels impossible at the beginning: maybe that loan modification, family help, or other debts solutions will come through and save the day. Even once a person knows they need to file, they often wait, paralyzed, until something truly forces their hand. Most bankruptcies are filed after meticulous planning and preparation usually lasting several weeks. In some cases, careful and proper bankruptcy planning can last months, or even years. An emergency bankruptcy filing generally refers to any bankruptcy that needs to be filed in 5 days or less from the time that you first consult with your bankruptcy attorney.
Here are the most common reasons why emergency filing is done:
Filing for bankruptcy enacts the automatic stay, a legal injunction that stops creditors from seizing your property and taking other legal actions against you. The automatic stay goes into effect immediately after you file, which makes an emergency filing an option for stopping debt collection activities even up to the last possible minute.
An individual is allowed to file for bankruptcy without all of the complete schedules, forms, and information generally required for bankruptcy proceedings. An incomplete bankruptcy filing is known as an ‘emergency’ or ‘skeletal’ filing. Although the procedure for filing an emergency bankruptcy vary by jurisdiction, some basic forms are required at the time of initial filing or within 48 hours after filing. You are still required to file the remaining forms and information to the bankruptcy court usually 14 days after your skeletal filing, but you will be given a notice which states the deadline to file the required documents.
A complete a credit counseling course before filing for bankruptcy is also required. Our law office can work with you to make sure you can complete this essential requirement in an expedient manner.
With Lozano Law Offices, we can help you analyze your financial situation and provide options. For a free initial consultation about filing for bankruptcy, please call (510) 538-7188 or contact us online. Our office is open weekdays from 8:30 a.m. to 5:30 p.m. Saturday appointments are available for limited time only.