If you want to file for bankruptcy in a hurry to get an
automatic stay, you can accomplish that (in most places) by filing Form
1—Voluntary Petition, the Mailing Matrix, and Form
21 (Statement of Social Security Number). This is often referred to as an emergency bankruptcy.
Some courts also require you to file a cover sheet and an
Order Dismissing Chapter 7 Case, which will be processed if you don’t file
the rest of your papers within 14 days. (Bankruptcy Rule 1007(c).) If the
bankruptcy court for your district requires this form, you can get it from the
court (possibly on its website), a local bankruptcy attorney, or a bankruptcy
petition preparer.
Why You Might File an Emergency Bankruptcy
An emergency bankruptcy filing might be necessary if you need the protection of the automatic stay right away, and cannot wait to complete the majority of the bankruptcy forms. To learn more about the automatic stay, see Bankruptcy's Automatic Stay.
Filing the Rest of the Bankruptcy Forms
If you don’t follow up by filing the additional documents
within 14 days, your bankruptcy case will be dismissed. You can file again, if
necessary. You’ll have to ask the court to keep the automatic stay in effect once
30 days have passed after you file.
Steps in an Emergency Bankruptcy Filing
For an emergency filing, follow these steps:
Step 1: Check with the court to find out exactly what forms
must be submitted for an emergency filing.
Step 2: Fill in Form
1—Voluntary Petition, including Exhibit
D.
Step 3: On a Mailing Matrix (or whatever other form is
required by your court), list all your creditors, as well as collection
agencies, sheriffs, attorneys, and others who are seeking to collect debts from
you.
Step 4: Fill in the Statement of Social Security Number and
any other papers the court requires.
Step 5: File the originals and the required number of
copies, accompanied by your fee (or an Application for Payment of Fee in Installments)
and a self-addressed envelope with the bankruptcy court. Keep copies of
everything for your records.
Step 6: File all other required forms within 14 days. If you
don’t, your case will probably be dismissed.
Getting and Completing the Bankruptcy Forms
For a complete list of the forms required in Chapter 7
bankruptcy, see Forms
You Must File in Chapter 7 Bankruptcy. To learn more about each of those
forms, including general information on completing the forms, see Completing
the Bankruptcy Forms.