How to File an Emergency Bankruptcy Petition

Written By: Attorney Robert Stiberman | Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy Updated April 18, 2023

Do you have a creditor who is threatening legal action against you to collect a debt? If you can’t pay on the debt, emergency bankruptcy lawyer, Robert Stiberman will discuss the steps you need to take to file an emergency bankruptcy petition and get the protection you need from aggressive methods of debt collection.

What Is Emergency Bankruptcy?

Filing an emergency bankruptcy petition, also called skeleton filing or skeleton bankruptcy, allows you to file the minimum bankruptcy forms necessary to put an automatic stay on all forms of debt collection. This method is primarily only used to prevent the most extreme form of debt collection, including:

• Foreclosure of a property
• Repossession of a vehicle
• Eviction from rental property

However, all forms must cease, including wage garnishment, debt collection communication, and lawsuits.

Choose what type of Bankruptcy you will be filing

The most common type of consumer bankruptcies are Chapter 7 bankruptcy and Chapter 13.

Chapter 7 is a liquidation method where non-exempt valuables are sold to pay your creditors. The ability to file for this is determined by your income and household size.

Chapter 13 is a way to restructure your debts and make a monthly payment to satisfy your creditors.

How to Prepare an Emergency Bankruptcy Petition

Now, let’s look at the steps you need to to take to prepare a skeleton bankruptcy filing to file for emergency bankruptcy:

Documents due at the time of filing an emergency bankruptcy filing

While much of the paperwork you need to submit to file for bankruptcy is delayed during a skeleton filing, you do need the following required forms filled out:

• The voluntary bankruptcy for individuals filing for bankruptcy.
• Initial statement about eviction judgment against you (if applicable)
• Statement of social security number
• Certificate of Credit Counseling completed within 180 prior to the emergency bankruptcy filing. In order to file for emergency bankruptcy, you need to first take an approved credit counseling course to be completed a minimum of one day before filing for bankruptcy. You can either do this online at any time of day or night, or you can work with an experienced emergency bankruptcy lawyer to connect you with the credit counseling you need. Our bankruptcy attorneys provide this in our office, saving you time and money on your process.
• A creditor matrix containing your list of creditors affected by filing for bankruptcy and their names and addresses;
• A legible photocopy of a current government issued photo ID.

The court’s website is a great resource to download the required forms you must file with the bankruptcy court.

Paying the Filing Fee

You must pay a filing fee, but if you can’t afford it, you can request a fee waiver or pay the fee in installments.

Complete the remaining bankruptcy forms

After you submit the emergency bankruptcy filing, you must then work to complete the rest of the necessary paperwork to complete the filing within 14 days. Failure to do so can lead to your bankruptcy case being dismissed which would allow debt collection proceedings to begin again. These are the bankruptcy forms you need to file:

• Summary of Your Assets and Liabilities and Certain Statistical Information
• Schedule A/B: Property
• Schedule C: The Property You Claim as Exempt
• Schedule D: Creditors Who Have Claims Secured By Property
• Schedule E/F: Creditors Who Have Unsecured Claims
• Schedule G: Executory Contracts and Unexpired Leases
• Schedule H: Your Co-debtors
• Schedule I: Your Income
• Schedule J: Your Expenses
• Schedule J-2: Expenses for Separate Household of Debtor 2 (if applicable)
• Declaration About an Individual Debtor’s Schedules
• Statement of Financial Affairs for Individuals Filing for Bankruptcy
• Chapter 7 Statement of Your Current Monthly Income and Means Test Calculation
• Statement of Intention for Individuals Filing Under Chapter 7
• Declaration Regarding Payment Advices

Other bankruptcy forms that may be required

A Disclosure of Compensation for a bankruptcy petition preparer in the event someone assisted you to prepare the emergency bankruptcy filing.

A Disclosure of Compensation for your emergency bankruptcy lawyer.

What Happens After Filing for Emergency Bankruptcy?

After you file, under bankruptcy law, the automatic stay is in effect and all collection actions such as credit card lawsuits, wage garnishment, foreclosure, and repossession actions, need to stop. However, the court may take longer to notify your creditors, so we would recommend having your emergency bankruptcy lawyer notify them on your behalf and file a suggestion of bankruptcy when necessary. If you choose to do this on your own, be sure to have the name of the court, your bankruptcy case number, and the date you filed attached to your notification.

A bankruptcy attorney can look at your unique circumstances and help you determine the right option for how to move forward.

What are the disadvantages of filing an emergency bankruptcy?

The disadvantage of filing an emergency bankruptcy is that if if you fail to complete the remaining forms the court will dismiss your case. Additionally, bankruptcy forms are complex and a rush to file can lead to mistakes. You should always consult with a bankruptcy attorney to avoid possibly costly mistakes.

How fast can bankruptcy be filed?

An emergency bankruptcy can be filed in as little as a few hours with the assistance of an experienced emergency bankruptcy attorney.

Can a bankruptcy be forgiven?

Once a bankruptcy is filed, even if it is an emergency bankruptcy, and later dismissed for any reason, it will not be forgiven and will remain on your credit for 10 years for a chapter 7 and 7 years for a chapter 13.

Schedule a Free Consultation with an Emergency Bankruptcy Lawyer

If you need to file for bankruptcy immediately, schedule a free consultation with an emergency bankruptcy attorney at Stiberman Law. Our experienced team is well-versed in the complexities of filing for bankruptcy in Florida, and we will do everything we can to help you navigate this process successfully. We can walk you through the process, provide you with credit counseling, advise you on filing, and aid you in gathering documents and filling out paperwork on your behalf. To learn more, reach out to us today at (954) 932-7804  or fill out the form below to get started.

Written By:

Attorney Robert Stiberman

Robert is an experienced bankruptcy attorney adept at handling Chapter 7, 13, and 11 filings, with more than 15 years of experience in bankruptcy cases. Robert represents clients in both consumer and business bankruptcy ... Read More