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How to File an Emergency Bankruptcy Petition

Do you have a creditor who is threatening legal action against you to collect a debt? If you can’t pay on the debt, learn 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 paperwork 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.

How to Prepare an Emergency Bankruptcy Petition

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

Credit Counseling

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. At Stiberman Law, we provide this in our office, saving you time and money on your process.

Chapter 7 or Chapter 13

Before filing, you must determine whether you will file for Chapter 7 bankruptcy or Chapter 13 bankruptcy.

  • 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.

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

Filling Out Paperwork

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

  • The bankruptcy petition itself includes financial income and the total amount of debt;
  • Your list of creditors affected by filing for bankruptcy and their names and addresses;
  • Proof of credit counseling;
  • Social Security Number statement called form 121.

Paying the Filing Fee

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

What Happens After Filing for Emergency Bankruptcy?

After you file, all methods of debt collection must 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. If you choose to do this on your own, be sure to have the name of the court, your case number, and the date you filed attached to your notification.

Once this step is complete, 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 case being dismissed which would allow debt collection proceedings to begin again.

Schedule a Free Consultation with an Emergency Bankruptcy Lawyer

If you need to file for bankruptcy immediately, schedule a free consultation with 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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