Often times debtors will file an emergency bankruptcy file as a quick method for invoking an automatic stay. Often times a debtor will need the protection of an automatic stay immediately, and thus not have the time to wait to complete the majority of necessary bankruptcy forms. In these instances, an emergency bankruptcy can help desperate debtors.
Filing an Emergency Bankruptcy
An emergency bankruptcy can be filed by filling out the following forms: Form 1 – Voluntary Petition, the Mailing Matrix, and Form 21, which is a Statement of Social Security Number. A debtor might also be required to fill out Order Dismissing Chapter 7 Case. This form is processed if a debtor fails to file the remainder of the bankruptcy forms within 14 days.
If the 14 days expires, a debtor is able to file again. Additionally, a debtor will need to ask the court to keep the automatic stay in effect once 30 days have passed following the filing
Steps of an Emergency Bankruptcy Filing
- Consult with the court or a bankruptcy attorney to ensure that you have all the forms needed for an emergency filing.
- Fill out the correct forms
- List all creditors. This includes: collection agencies, sheriffs, attorneys, and all others that are seeking to collect.
- Make copies of all paperwork for yourself.
- File the originals and any required number of copies along with the set fee and a self-addressed envelope with the bankruptcy court.
- Ensure that you have filed all other required forms within 14 days of your emergency filing.
Working with a Bankruptcy Attorney
Bankruptcy can be an overwhelming process. That’s why we advise that you work with a phoenix chapter 11 bankruptcy that is familiar with various debt repayment options. We are committed to helping our clients understand their rights and options under the bankruptcy law and developing the debt relief solution that makes the most sense for each individual. We invite you to call (602) 648-3274 or contact our Arizona office to schedule a free initial consultation.
668 N. 44th St., Ste 320, Phoenix, AZ 85008