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What is an Emergency Bankruptcy?

Posted by attorney Clint Dunaway

Yes, we absolutely file emergency bankruptcies. Emergency bankruptcies give the filer all the benefits of a regular bankruptcy but require only a fraction of the documents. This is why emergency bankruptcies are sometimes referred to as a “skeletal petition". Once the necessary documents are filed the court then gives us 14 days to upload the rest of the required bankruptcy documents.

Even with an emergency bankruptcy there are still some things that you will have to do prior to filing the bankruptcy. For instance, you must still take the credit counseling class, be current on your tax filings, and pay the filing fee.

Why would someone do an emergency bankruptcy?

Most file an emergency bankruptcy because they are seeking protection of the automatic stay of bankruptcy. The Automatic Stay of Bankruptcy prevents creditors from continuing their collection unless explicitly seeking court approval. So we file emergency bankruptcies stop foreclosure on a home, prevent garnishment of wages, levies on their bank accounts, or repossession of their vehicles.

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