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    I have to say that I have had a great experience with Stiberman Law regarding a bankruptcy and they have been very informative and supportive. They have been very helpful and always ans Read More
    January 20, 2023logo
  • L.L.starstarstarstarstar5.0
    Excellent service. Great bankruptcy attorney and staff. Always informed me of what to expect. My Chapter 13 bankruptcy was smooth and the process was easy thanks to Robert and the Read More
    July 20, 2022logo
  • Sam Sstarstarstarstarstar5.0
    Twelve years ago I was in need of legal representation stemming from the housing meltdown if 2008. Robert Stiberman and his staff handled the matter with complete professionalism and sp Read More
    October 19, 2022logo
  • Jose N.starstarstarstarstar5.0
    I have to say that I have had a great experience with Stiberman Law regarding a bankruptcy and they have been very informative and supportive. They have been very helpful and always ans Read More
    January 20, 2023logo
  • L.L.starstarstarstarstar5.0
    Excellent service. Great bankruptcy attorney and staff. Always informed me of what to expect. My Chapter 13 bankruptcy was smooth and the process was easy thanks to Robert and the Read More
    July 20, 2022logo
  • Sam Sstarstarstarstarstar5.0
    Twelve years ago I was in need of legal representation stemming from the housing meltdown if 2008. Robert Stiberman and his staff handled the matter with complete professionalism and sp Read More
    October 19, 2022logo
  • K.D.starstarstarstarstar5.0
    I was looking for a bankruptcy attorney in Miami, and I found Mr. Stiberman. He and his office were efficient, and they guided me through every step of the process. I am appreciative of Read More
    September 16, 2022logo
  • Carmen C.starstarstarstarstar5.0
    I am so grateful for Stiberman Law, P.A. In 2019 my husband and were faced with a very difficult decision file for Bankruptcy, unfortunately we weren’t able to pay for our credit Read More
    October 26, 2022logo
  • N.M.starstarstarstarstar5.0
    Excellent work from this bankruptcy law firm! I was drowning in debt with my license suspended from a lawsuit I had and thought I would have to spend the rest of my life paying back deb Read More
    August 17, 2022logo
  • R.Z.starstarstarstarstar5.0
    The experience with this office has been great. No problems at all they have kept me straight to doing the right thing and feeling a breeze of peace and being debt free with my bankruptcy.
    August 30, 2022logo
  • F.starstarstarstarstar5.0
    Very happy with Robert and his team. Thanks to them we were able to save our home. Very helpful and knowledgeable in bankruptcy. Best attorney.
    July 28, 2022logo
  • E.R.starstarstarstarstar5.0
    I had a great experience, I just want thank Stiberman law and his team for a great experience also Ana for the help and explaining my case. Appreciate, thank you
    July 25, 2022logo
  • A.B.starstarstarstarstar5.0
    Very good office with my bankruptcy. They have been amazing through this hard process. Very happy with Robert and his staff they are very nice and professional. Thank you stiberman!
    July 23, 2022logo
  • W.J.starstarstarstarstar5.0
    Amazing work by Robert. They are really good with what they do, very attentive and knowledgeable. Customer service and professionalism are top, the lawyer has been great this whole t Read More
    June 25, 2022logo

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, 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:

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 with more than 13 years of experience in consumer Chapter 7 and Chapter 13 cases. Robert regularly practices in the Miami, Fort Lauderdale, and West Palm Beach Divisions of th... Read More

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