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.
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:
However, all forms must cease, including wage garnishment, debt collection communication, and lawsuits.
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.
Now, let’s look at the steps you need to to take to prepare a skeleton bankruptcy filing to file for emergency bankruptcy:
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 court’s website is a great resource to download the required forms you must file with the bankruptcy court.
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.
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:
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.
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.
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.
An emergency bankruptcy can be filed in as little as a few hours with the assistance of an experienced emergency bankruptcy attorney.
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.
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.
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