Emergency Bankruptcy Filings

It is sometimes necessary to file bankruptcy immediately, on an emergency basis.

One situation where an emergency bankruptcy must be filed is where the client’s home is about to be sold in a foreclosure sale. Sometimes we only have a few days to get the bankruptcy filed in order to stop a foreclosure. Another situation is where a creditor has garnished the client’s wages.

Once I have all the required information and documentation I can file a bankruptcy very quickly. But, the problem is that the client may not be able to provide all the information and supporting documents in time.

Fortunately, the Bankruptcy Rules allow us to file the case by filing just a few of the required papers just to get the case started. This is sometimes referred to as a Skeleton Bankruptcy Filing. In order to file one of these emergency bankruptcy filings I only need some basic information. BUT NOTE: The client must complete the credit counseling before we file even one of these Skeleton Bankruptcy Filings.

The remaining schedules containing the balance of the information must be filed within 14 days of the Skeleton Filing. The client must fly into action and get me the balance of the information very soon after we file the bankruptcy. If the balance of the papers are not filed within 14 days the case will probably be dismissed.

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