What Happens if You Don’t Complete Your Emergency Bankruptcy in Pennsylvania?

Filing for bankruptcy is not exactly a pleasant experience, but it may be necessary for those facing dire financial straits. For some, there may be very little time to file a bankruptcy case if creditors are threatening legal action or foreclosure is imminent. In such circumstances, you may file for emergency bankruptcy to start your case faster and get help sooner.

If you do not complete your emergency bankruptcy case, your case may be dismissed. To make matters more complicated, you might not be able to refile the case for a while. There is usually a waiting period of several years, which may vary based on which chapter you file under. If the court believes that allowing you to refile would be an abuse of the system, it may bar you from refiling. Not only that, but if you do not complete the case, your financial situation might become dire. As such, get an attorney to help you file and complete your emergency bankruptcy case.

For a free case evaluation, call our Pennsylvania bankruptcy lawyers with Young, Marr, Mallis & Associates at (215) 701-6519.

What Happens if You Do Not Complete Emergency Bankruptcy Requirements

When you file for emergency bankruptcy, you must file specific paperwork to start the case, and other required paperwork may be filed later. If you fail to take the steps to complete your emergency filing, the whole case may be dismissed.

To make matters worse, you might be blocked from refiling right away, depending on the situation. Ordinarily, a person may file for bankruptcy more than once, but there are legally required waiting periods that often last several years. If you fail to complete your emergency bankruptcy case, it might be quite some time before you can file it again.

It is also possible that the court will block you from filing again because it believes you are abusing the system. In that case, our Pennsylvania bankruptcy attorneys might have to prove to the court that your emergency is genuine and that your failure to complete the case is due to circumstances beyond your control.

What is Emergency Bankruptcy?

An emergency bankruptcy starts much faster than a standard case. Normally, there are various documents you must submit, and the whole petition may take some time to complete. An emergency filing allows you to start your case with only a few essential documents, but the rest must be filed shortly.

Once you file the initial paperwork to start your emergency bankruptcy petition, you have about 14 days to submit everything else. If you do not, the case may be dismissed, according to 11 U.S.C. § 707(a)(3). If you cannot complete your emergency petition paperwork within this time due to circumstances beyond your control, your attorney may help you explain things to the court. Depending on the situation, the court might show leniency, although this is not guaranteed.

Filing for emergency bankruptcy may be helpful if you need an automatic stay put in place immediately. The automatic stay, under 11 U.S.C. § 362(a), prevents creditors and lenders from initiating legal action while your bankruptcy case is pending. If any legal action has already been initiated, it must be halted immediately.

When You Should Consider Filing for Emergency Bankruptcy in Pennsylvania

Bankruptcy is one of the things people tend to resist until they have no other choice, and by then, time might be running out. Below are a few common reasons for emergency bankruptcy petitions, although your case might differ.

Many file for emergency bankruptcy because their home is in foreclosure. Fortunately, the automatic stay halts the foreclosure process until your bankruptcy case is over, and some people even avoid foreclosure as a result. However, if time is running short, an emergency petition may be necessary.

Many others file for emergency bankruptcy because they are facing eviction. The automatic stay can put the eviction process on pause in many cases, and this could give you time to get your debts and finances under control and catch up on missed rent payments. If you have already received an eviction notice, now might be the time to consider filing an emergency bankruptcy petition.

Emergency bankruptcy may also help those facing repossession or lawsuits from creditors. Again, since the automatic stay puts a stop to this kind of thing, at least temporarily, an emergency bankruptcy petition may allow you to keep your property and avoid lawsuits.

How to File for Emergency Bankruptcy in Pennsylvania

When filing an emergency bankruptcy petition, you only need the bare bones of required paperwork and documentation. However, depending on which chapter you file under, you must present the remainder of any required information within 14 days.

To begin an emergency bankruptcy, you will need the petition, information about your creditors, a credit counseling certificate or a waiver of counseling, and Form 121 that identifies all the Social Security numbers or other IRS identifiers you have used.

Again, you must be ready to file everything else within 14 days. Your attorney should help you determine exactly what you need to file the emergency bankruptcy petition and what else you must file later so you can complete the case.

How Can an Attorney Help You File for Emergency Bankruptcy?

An emergency bankruptcy petition may be necessary if creditors are currently trying to initiate legal action against you, and you need the automatic stay immediately. It is best to get immediate help from an experienced attorney.

First, your attorney can help you gather the documents required to file the emergency petition. Your lawyer should review these documents and make sure everything is filled out accurately and correctly. Even minor mistakes might cost you precious time that you do not have.

Once your case is filed, your attorney should start preparing to file everything else you need within 14 days. Preparations should begin almost immediately, and your lawyer should help streamline the process to minimize delays.

Speak to Our Pennsylvania Bankruptcy Attorneys for Help with Your Case

For a free case evaluation, call our Pennsylvania bankruptcy lawyers with Young, Marr, Mallis & Associates at (215) 701-6519.

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