Emergency Bankruptcy Filing

Sometimes, you need to stop a creditor's action fast, and an emergency bankruptcy filing can help. When you open a case, the court puts an automatic stay in place that prohibits most creditors from continuing collection actions against you (although exceptions exist for repeat bankruptcy filings).

Because completing all the bankruptcy forms isn't a quick process, when time is running short, you can use the fast online bankruptcy filing process known as an emergency bankruptcy filing (or abbreviated skeleton filing), get the automatic stay in place, and submit the remaining documents later.

How to File Emergency Bankruptcy Online: Chapter 7 and 13

The average bankruptcy petition can easily consist of over 50 pages once completed. But when you're facing a foreclosure auction, repossession, wage garnishment, collection lawsuit, or another time-sensitive situation, getting all of the paperwork done might not be feasible.

You have another option.

When you need to file an emergency Chapter 13 online or file a bankruptcy Chapter 7 online quickly, a bankruptcy lawyer can get your bankruptcy forms filed online fast. Plus, your lawyer can access online filing at any time of the day, any day of the week, and start the online filing process by uploading only a small percentage of the required forms.

Required Forms for Emergency Bankruptcy: What You Must File

Downloadable bankruptcy forms are available online at the U.S. Courts bankruptcy form webpage. But don't get overwhelmed by the long list. You need only a few to start an emergency bankruptcy filing online:

• Form 101 - Voluntary Petition (the primary form containing identifying information, the chapter you're filing, and other general information)
• the names and addresses of the creditors that will be listed in the bankruptcy schedules (often referred to as a creditor mailing list or mailing matrix - check with your court for format requirements)
• a certificate showing that you completed the credit counseling requirement or a waiver request (11 U.S.C. § 109(h)), and
• Form 121 - Your Statement About Your Social Security Numbers.

Also, be prepared to pay a filing fee, submit a fee waiver request, or request to pay the fee in installments (forms are also on the U.S. Courts bankruptcy form webpage).

The 14-Day Deadline: Completing Your Emergency Bankruptcy Filing

Filing this short list of forms to start your bankruptcy case is often called a "skeleton" filing because it's the bare bones of what's required by the bankruptcy court. You'll still need to complete all other required bankruptcy forms.

If you don't file the additional documents within 14 days, the bankruptcy court will dismiss your skeleton bankruptcy case. (Fed. R. Bankr. P. 1007(c).) Also, be aware that some courts require local forms, which are posted on the court's website.

Step-by-Step Emergency Bankruptcy Filing Process

For an emergency filing, you'll follow these steps:

Step 1: Check with the court clerk or the bankruptcy court's website to find out exactly what forms you must submit for an emergency filing.

Step 2: Complete the Voluntary Petition for Individuals Filing for Bankruptcy.

Step 3: On the list of creditors, include the names and addresses of everyone you owe money to, as well as collection agencies, sheriffs, attorneys, and others seeking to collect debts from you. You'll want to use the address on the most recent billing statement or court filing.

Step 4: Fill in Your Statement About Your Social Security Numbers form.

Step 5: Complete any other papers the court requires (some jurisdictions require a cover sheet and an order of dismissal that the court will execute if you don't submit the remaining documents).

Step 6: File the originals and the required copies with the court clerk, along with your fee, a fee waiver application, or a request to pay the fee in installments. Keep copies for your records.

Step 7: File the remaining required forms within 14 days to avoid dismissal of your case.

Your emergency bankruptcy lawyer will file the forms online. If you're filing for bankruptcy without a lawyer, check with your court for procedures. A few courts have online access. Most provide counterservice or drop boxes.

Emergency Bankruptcy Forms: Where to Find What You Need

If you file yourself, or even if you use a bankruptcy lawyer, reviewing the forms needed in bankruptcy can help you prepare. Doing so will help you understand which financial documents you'll need to gather to complete them, such as bank statements, tax returns, pay stubs, and more.

Emergency Bankruptcy Lawyer vs. Filing Pro Se: Your Options

Although it's possible to file for bankruptcy without a lawyer when you have a simple case, and when you can't afford a bankruptcy lawyer, it can save money. However, learning the law and meeting deadlines can be challenging when working under a time crunch, so consider speaking with a bankruptcy lawyer to learn about your options. An experienced bankruptcy lawyer can file your bankruptcy case quickly and accurately so you don't lose property to an aggressive creditor.

The lawyer will likely suggest education providers to help you complete the prebankruptcy credit counseling course, prepare and file the initial forms, and ensure the remaining forms are filed within the 14-day deadline. Many offer free initial consultations, and you might find the cost is not only more reasonable than you expected but well worth the peace of mind it brings.

Still Have Questions About Emergency Bankruptcy Filings?

Did you know Nolo has made the law accessible for over fifty years? It's true, and we wholeheartedly encourage research and learning. However, online articles and resources can't address all bankruptcy issues and aren't written with the facts of your particular case in mind. The best way to protect your assets in bankruptcy is by hiring a local bankruptcy lawyer.