How to File for Emergency Bankruptcy

Memphis Bankruptcy, Social Security Disability & Long Term Disability Attorney

Stop Foreclosure, Eviction, Repossession, and Debt Harassment with an Automatic Stay Bankruptcy 

Filing for an emergency bankruptcy may help stop foreclosure, eviction, repossession, and debt collection harassment in some situations. Bankruptcy may be able to help if you need to act fast to stop creditors from taking certain assets or possessions. 

Financial struggles can be an overwhelming situation that can leave you feeling lost and helpless. Although filing for bankruptcy can take time, filing for bankruptcy quickly may be able to stop creditors from taking further action against you. If you need to act quickly to stop foreclosure, repossession or eviction, an emergency bankruptcy filing may be able to offer you solutions. 

Having an attorney on your side may help you file more quickly and choose the best strategy to protect assets. John Dunlap is an experienced attorney who has worked with many bankruptcy cases to help stop repossession, foreclosure, and eviction. Contact us today for a free 30 minute session and learn how we may be able to help. 

What is an Emergency Bankruptcy?

Emergency bankruptcy, also known as “skeleton” or “bare bones” bankruptcy, means that a person files for bankruptcy without all of the required documents. In many cases, people use emergency bankruptcy to stop creditors from taking property to pay back debt without court approval.

This type of bankruptcy filing is often used to stop foreclosure at the last minute, stop evictions, or prevent property from being repossessed. Some reasons to file for an emergency bankruptcy include: 

  • Foreclosure 
  • Wage garnishment 
  • Repossession  
  • Debt collection lawsuit
  • Eviction

Emergency bankruptcy is faster to file because not all of the bankruptcy paperwork is filled out in the beginning. When you file emergency bankruptcy, you may have to file an emergency petition. The rest of bankruptcy paperwork must be filed at a later time or your bankruptcy can be dismissed. Some of the documents required for an emergency bankruptcy include:

  • Emergency bankruptcy petition
  • Creditor list
  • Statement of Social Security 
  • Credit counseling completion

Filing an emergency bankruptcy often requires a quick filing timeline to prevent creditors from foreclosing on or repossessing property. You may be able to file for an emergency bankruptcy in time to save your property or give you time to resolve debts. Working with an attorney who has been through the process before may be able to help you file faster and more successfully. 

Attorney John Dunlap has helped thousands of clients file for bankruptcy, including emergency bankruptcies. We offer free 30 minute strategy sessions to get started with emergency bankruptcy filings. Call today to get started on your emergency bankruptcy filing form and filing.

How does an emergency bankruptcy stop foreclosure, repossession, eviction, or debt collection?

When you file for an emergency bankruptcy, you can request an automatic stay as part of your filing. An automatic stay stops debt collectors and creditors taking further actions, including collection efforts such as foreclosure, repossession, and debt lawsuits. Creditors are not allowed to contact you, bill you, or sue you while your bankruptcy is in the automatic stay period.

Creditors are also not allowed to repossess or foreclose on property included in your bankruptcy estate if an automatic stay is in place. What happens to your property in bankruptcy is determined by a bankruptcy trustee who may sell assets to pay debts.

There are bankruptcy automatic stay exceptions, however, especially if you have filed multiple bankruptcies in the same year. If this is the first time you are filing for bankruptcy, the automatic stay usually lasts throughout the entire bankruptcy filing process. If you have filed a bankruptcy twice in a year, the automatic stay period is only 30 days. If you have filed multiple bankruptcies in a year, there is no automatic stay. 

There are risks to using emergency bankruptcy filings that an attorney may be able to help you better understand. We offer free 30 minute strategy sessions so call today to learn more if an emergency bankruptcy is right for you. 

Filing for Emergency Bankruptcy Chapter 7

The biggest requirement for an emergency bankruptcy filing Chapter 7 is completing a credit counseling course before you can file with the court. The rest of bankruptcy paperwork must be filed within 14 days of the emergency petition or the bankruptcy case may be dismissed. 

Credit counseling can be done online or in person. The credit counseling course certificate must be dated at least one day before your filing. It usually takes up a minimum of two days to file an automatic stay bankruptcy Chapter 7.

Attorney John Dunlap has helped clients successfully file emergency Chapter 7 bankruptcies in as little as two days to stop repossession and garnishment. Call today for your free 30 minute strategy session to learn if an emergency Chapter 7 filing may help you.

Filing for Emergency Bankruptcy Chapter 13 

An automatic stay Chapter 13 bankruptcy also requires a credit counseling certificate dated at least one day before your emergency bankruptcy filing. Emergency Chapter 13 filing usually takes a minimum of two days to file. Often the recommended solution to prevent foreclosure and keep your home after bankruptcy, a Chapter 13 bankruptcy automatic stay starts right after filing. 

Keep in mind that a Chapter 13 filing must be completed within 14 days after filing an emergency bankruptcy or your bankruptcy case can be dismissed. Often Chapter 13 bankruptcies can take weeks or months to complete all of the paperwork necessary. If you’re filing bankruptcy to stop foreclosure, being very organized and responsive throughout the process is important if you want to save your home.

Attorney John Dunlap offers free 30 minute strategy sessions to help determine if an emergency bankruptcy foreclosure automatic stay can help in your unique situation. Call today to learn more about bankruptcy and options that may help you solve debt problems.

Can creditors stop an automatic stay or emergency bankruptcy?

An automatic stay often protects you from creditors taking action against you when you have unpaid debts. Most creditors will wait until the bankruptcy process is completed instead of trying to stop an automatic stay.

However, there are instances when creditors want to stop an automatic stay and continue with foreclosure, repossession, or garnishment even though you have filed for bankruptcy. Working with an experienced attorney who understands your unique situation may be able to help if a creditor tries to stop an automatic stay.

Creditors must file directly with the court and convince the bankruptcy court there is a good reason the automatic stay should be lifted. The most common debt creditors will use to stop an automatic stay, especially in cases of emergency bankruptcies, is a secured debt. Secured debts include mortgages and car loans. 

These are often filed if you don’t have enough equity in your home or car to cover the debt owed on the loan. Experienced bankruptcy attorneys can often help you understand if a creditor is likely to file for a motion to get rid of an automatic stay.

If you’re thinking about filing for an emergency bankruptcy, call today to speak with Attorney John Dunlap in a free 30 minute strategy session. We may be able to help you understand if it is the right option for you.  

Should I file for an emergency bankruptcy?

If you’re considering filing for bankruptcy to stop a creditor from taking serious actions against you, speaking with an experienced bankruptcy attorney may help you better understand your options. Filing for bankruptcy to stop foreclosure, repossession, wage garnishment, or creditors from suing you isn’t always the best solution for everyone.

We offer free 30 minute strategy sessions to help our clients decide the best path forward towards recovering from debts while protecting assets. Call Attorney John Dunlap today to learn more about emergency bankruptcy filing and if it’s right for you.