After the court reviews and approves the emergency bankruptcy filing, the automatic stay will begin protecting your property from your creditors. You will then need to submit the remainder of your bankruptcy case to the court within 14 days. If you fail to file within 14 days, you may request an extension.
Missing the first deadline without requesting more time or failing to meet the second deadline will result in a case dismissal. Our Knoxville emergency bankruptcy attorneys are available to offer you the assistance you require.
Entrust your case to us to ensure that you receive the legal protection you require as quickly as possible. Get relief from your debt burdens by calling today. Begin with a free case evaluation to see if emergency bankruptcy is the right course of action for your unique situation. Our attorneys are among the most knowledgeable in East Tennessee and are Board Certified Bankruptcy attorneys. We have experienced attorneys and well-trained staff to ensure your case is handled effectively and with care.
Questions About Bankruptcy? We Can Help. What is Emergency Bankruptcy? Some examples of situations that may require an emergency filing include: Your home is pending in a foreclosure sale You have been serve with a lawsuit from creditors You are facing an IRS tax levy or seizure You want to prevent your business from closing You want to stop the government from freezing your bank accounts You should consult an attorney to help you determine whether you qualify and would benefit from an emergency filing.
For an emergency filing, you will need to submit: Voluntary Bankruptcy Petition: A three-page document that deals with your personal information and a summary of your bankruptcy case. Creditor Matrix: A list of all your creditors and any additional parties that you must inform about your bankruptcy. Exhibit D: A form that indicates to the court that either you have completed the credit counseling requirement includes attaching a certificate of credit counseling or you are not required to undergo such counseling.
In addition to information on where to go to file your case and other important information you should know, the website should have a phone number and other contact information for the court. Upsolve Community Member Does Upsolve help with an emergency filing? One possible option is an emergency filing What is an Emergency Bankruptcy Will I be allowed to keep up to date accounts? For emergency purposes? There are a few things you need to do after you have filed your emergency petition at the clerk's office.
First, you need to make sure you know your case number. Then, you need to call the creditor that caused you to file the emergency petition. If you were concerned about a repossession, this would be the car loan company.
If you were concerned about a foreclosure or wage garnishment, it would be the mortgage company or the company that sued you, respectively. Tell the creditor you have filed bankruptcy and give them your case number. This lets the creditor know the automatic stay is in place and they have to stop all collections actions.
These creditors will eventually get notice of your bankruptcy through the bankruptcy court's electronic noticing system or by mail. You need to do it as soon as possible after you file. The next concern when filing an emergency petition is the deficiency notice you will receive.
This notice will let you know that you have 14 days to file the rest of the bankruptcy petition or your case may be dismissed. Look at these forms to figure out what you need, then create a plan of action to get all the required materials together before the deadline. Make sure to look for any mailed or electronic notices you get from the bankruptcy court or the bankruptcy trustee.
You will receive important information about the date, time, and location of your meeting of creditors. Schedule C is how you plan to allocate your available exemptions. Schedule D is a list of your secured creditors.
Schedule G is a list of any leases you're on and contracts that you are currently bound to. Schedule H is a list of people who are codebtors with you. Schedule I is a calculation of your income.
Schedule J is a calculation of your monthly expenses. Besides these schedules, you also have to complete the forms for the means test. You will have to complete your Statement of Financial Affairs. The Statement of Financial Affairs includes various questions about your finances.
For a Chapter 7 bankruptcy case, you will need to complete your Statement of Intention to show what you want to do about your secured debts and your unexpired contracts or leases.
In a Chapter 13 bankruptcy, you will need to complete your Chapter 13 plan. Different courts require other forms that you may have to file. You will have to supply some supporting documentation to the court such as some of your most recent paystubs. After filing an emergency petition, you only have 14 days to submit most of these forms to the court.
You must start this process as soon as possible after filing your emergency bankruptcy. If you fail to meet a deadline, the court can dismiss your case, which will automatically terminate the protections of the automatic stay. If you can't get all the paperwork together within 14 days, you can file a motion with the court for more time.
Get the forms filed within 14 days. Bankruptcy courts, unlike most courts, are designed to move very quickly. If your case is dismissed, you can usually file another emergency bankruptcy. Having filed an emergency bankruptcy that was dismissed may be held against you by the judge.
This second time, the court will be less patient. Remember that after having one case dismissed in the last year, your automatic stay that stops collection activity will expire thirty days after filing unless you can convince the judge to extend it.
Once you file all required forms with the court, your case will proceed as a normal Chapter 7 case would. In addition to the stress and anxiety that comes from filing an emergency bankruptcy without being fully prepared to do so, there are some possible downsides you should be aware of. Filing for even an emergency bankruptcy involves paying a filing fee, although you can submit a request for a fee waiver if you believe that you qualify.
You can also seek to pay your fee in installments if this would alleviate your financial burdens. In some cases, a debtor may need to complete additional paperwork as required by the court in which they are filing the emergency bankruptcy. While these forms may seem trivial or unnecessary, it is important to comply with the rules in every detail. A court likely will dismiss a bankruptcy petition if a debtor does not meet all of the requirements. For example, a debtor may need to submit an order of dismissal that will go into effect if they do not complete the remaining required forms within the day period.
They also may need to provide a cover sheet with certain basic information. Last reviewed October Bankruptcy Contents. Required Documents for an Emergency Bankruptcy The core of any bankruptcy filing is the bankruptcy petition, which is essential in an emergency bankruptcy as well.
Additional Forms In some cases, a debtor may need to complete additional paperwork as required by the court in which they are filing the emergency bankruptcy. Automatic Stays in Bankruptcy. Repeat Bankruptcy Filings. Business Bankruptcy. Emergency Bankruptcy. Involuntary Bankruptcy.
Joint Bankruptcy Petitions for Married Couples. Collections and Bankruptcy.
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