Consider an Emergency Bankruptcy Petition if You Have Serious Trouble
Hi Matt McArthur, bankruptcy attorney at Clear Counsel Law Group.
Today I want to address a particular form that's filed by the bankruptcy court when you file an emergency bankruptcy case.
Now there may be many reasons for filing an emergency case, which would include wage garnishments, repossessions, foreclosures, and what an emergency bankruptcy case allows you to do is file in a very quick time frame.
If you need immediate relief from the bankruptcy so that you can avoid a wage garnishment, repossession, or other type of collection, this gets you in the door and gets those protections in place.
Now because it's an emergency petition, there's not a lot of time to prepare the complete bankruptcy filing in your case.
The court allows you to file this emergency petition, which is going to include very basic information; your name, it'll have your address, it'll have your attorney's information, it'll have a list of creditors that the notice of bankruptcy gets mailed out to.
That's basically it.
It doesn't dive into the details of what assets you have, what your current monthly income and expenses are, or the other financial statements that we have to submit to the court.
The court wants the rest of this information to be filed, because that's what the law says has to be filed in order for a bankruptcy to be complete.
Where there's an emergency petition filed, there's a document sent out to individuals that's called notice of incomplete and/or deficient filing.
It's a very scary sounding document and that's by design because if you don't file the rest of the documents in your case, typically within a two week time frame, but there's an automatic dismissal after 45 days, the court will automatically dismiss your case.
Which means your case is closed and you don't get the relief that you're looking for when you file for bankruptcy.
Now as long as you file the necessary documents within the needed time frame, there is no concern over this document and if you've filed an emergency petition with our firm and received one of these notices, it's something that we're expecting to be filed and sent to you.
All you need to make sure that you have done is scheduled an appointment with our firm to come back in and file the rest of your bankruptcy case within a short period of time.
We'll be expecting you to do that, so that we can get a full bankruptcy case filed, get you right on track and get you that bankruptcy discharge in no time.
If you have any more questions about this, please give us a call and let us know. Otherwise I look forward to hearing from you soon. I'm Matt McArthur, a bankruptcy attorney at Clear Counsel Law Group.