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Emergency Bankruptcy
A person may need to file an emergency bankruptcy to prevent some particular action by a creditor, like garnishment, repossession, or a foreclosure auction. In such cases, the bankruptcy court allows a bankruptcy case to commence with the filing only of the six-page voluntary petition, without the required accompanying forms and schedules. An emergency bankruptcy is sometimes referred to as a “bare-bones” bankruptcy or “skeletal” filing.You have very limited time once an emergency petition is filed. Usually, you will have just 7 to 14 days to file the remaining required documents. The clerk of court promptly dismisses any case in which the required forms and schedules are not filed. In addition, the bankruptcy filer needs to have completed a credit counseling session before filing the bankruptcy.
Emergency Bankruptcy and the Automatic Stay
The whole reason to file an emergency bankruptcy is to invoke the protection of bankruptcy’s Automatic Stay. The Automatic Stay immediately stops any collection efforts against the bankruptcy filer, including home foreclosure, vehicle repossession, eviction, wage garnishment, execution sale, tax levy, or utility shut-off. As implied by its name, the Automatic Stay takes effect automatically. Any creditor actions that take place after the automatic stay are void by law. The Automatic Stay protects your property and interests until you can complete and file the rest of the forms.
Lee Legal has assisted in numerous emergency bankruptcy filings. In cases where an emergency bankruptcy is necessary, it is critical that you work quickly and closely with your attorney. Completing the required paperwork and documentation is usually a intensive effort. And an emergency bankruptcy, by its nature, has more pressing deadlines than a regular bankruptcy filing. It is crucial that you return your lawyer’s calls and quickly respond to his or her request for documents.
If you live in Washington, D.C., Maryland or Virginia and want to prevent foreclosure or garnishment, or to stop repossession of a vehicle, you must act quickly. Contact an experienced emergency bankruptcy attorney to discuss your situation.
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Brian Lee from Lee Legal was an amazing attorney to work with. He took his time, reviewed my documents and we discussed my situation thoroughly. He explained the process and my options as well as gave his recommendation. Not only did he assist, but he ensured that I knew this...
Brian handled a legal matter for me and he was fantastic. He kept me informed of all updates and resolved all issues that were presented. I highly recommend Brian to all seeking legal advice and services.
I was very nervous and scared about going through this process. But Brian was very knowledgeable and helped me through it. I was notified about any and all updates to my case and he was very responsive when I had questions regarding any concerns I had. Although a bit nerve...
I've had the pleasure of working alongside Brian V. Lee for several years, and I can say without hesitation that he is one of the most knowledgeable bankruptcy attorneys in the DMV area. Brian's command of Chapter 7, 11, and 13 practice is exceptional, and his clients in the DC...
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