Attorney for Emergency Bankruptcy Filings in Philadelphia

Filing for bankruptcy is not a decision a person should take lightly. While it is a powerful tool to achieve financial stability, it is not appropriate in every situation. Nonetheless, there are times when filing for bankruptcy is the best option.

There are situations when it is necessary to file your case immediately. If a creditor is threatening or taking imminent actions against you, filing for bankruptcy is often the only way to stop them. When a sheriff sale is just days away, or your car was just repossessed, you need to call an experienced attorney for emergency bankruptcy filings in Philadelphia.

For a free initial legal review from our Philadelphia bankruptcy lawyers, call Young, Marr, Mallis & Associates at (215) 701-6519.

The Difference Between Standard and Emergency Bankruptcy Petitions in Philadelphia

Bankruptcy cases may be filed under various conditions. While most cases involve standard petitions that are usually complete upon filing, emergency petitions may be incomplete at filing, and remaining forms and documents may be filed later after the automatic stay is in place.

Standard Bankruptcy Petitions

A typical bankruptcy filing in Philadelphia, whether it is Chapter 7 or Chapter 13, consists of fifty or more pages of documents. In addition to the official bankruptcy forms and schedules, our Philadelphia bankruptcy attorney must provide supporting documents and statements.

To complete a standard bankruptcy petition takes time. However, if there is a looming sheriff’s sale or collection judgment, there might not be enough time to realistically gather all the necessary information and complete the filing accurately.

Emergency Bankruptcy Petitions

Fortunately, there is an option if a case must be filed quickly. You are not required to file a complete set of forms when you file an emergency bankruptcy petition. An emergency petition has the same legal effect as a complete bankruptcy filing, with only a portion of the forms included.

An emergency petition, sometimes called a “skeleton filing,” requires only a few forms, with the rest being filed later. When submitting an emergency petition, we must include a…

• Voluntary petition
• List of creditors
• Statement of Social Security Number (Form 121)
• Credit counseling certificate
• Filing fees, pr fee waivers
• Emergency motion

The above forms and documents serve as the basis for an emergency petition. Once files, an automatic stay may be imposed that protects you against adverse legal action from creditors, like foreclosure. However, for your case to proceed, we must file the remaining documents within 14 days.

The Required Forms for an Emergency Philadelphia Bankruptcy Petition

When preparing an emergency bankruptcy petition, our office will approach the filing similarly to an ordinary bankruptcy. The same initial questions will be asked regarding your debt, assets, income, and other relevant financial information. However, due to time constraints, it might not be possible to gather all the supporting documentation.

An emergency bankruptcy filing only consists of a handful of forms.

Voluntary Petition

First is the voluntary petition. This is the primary form that includes general information about your pending case, including the chapter of bankruptcy, your identifying information, your representing attorney, and other general information.

The Voluntary Petition should indicate whether you are filing independently or jointly with a spouse. You will also have to provide names you may have used in the past, any businesses you own or have owned, and your address.

Additionally, you must include information about why you are filing for bankruptcy and whether you have filed for bankruptcy before. You must also include some brief information about your debts and assets, although this does not constitute a means test, which is required later.

Certificate of Credit Counseling

Following the petition is a certificate indicating that you completed the required credit counseling course. Credit counseling courses can be completed quickly, often in an hour or two. It is crucial that you complete credit counseling before we file your emergency petition. If you do not, your petition may be dismissed, and you might be unable to file another petition for at least 180 days.

Under the following circumstances, the bankruptcy court might allow you to complete credit counseling after we file your petition:

• You requested credit counseling from an approved agency, but could not receive counseling during the 7-day period beginning on the day you initially requested counseling, and
• There are exigent circumstances that the court believes warrant a waiver of the credit counseling requirement before filing, and
• You file a certificating stating the facts regarding the above two conditions, and the certification must satisfy the court.

Because many of these courses are available online or over the phone, the court will typically not grant a waiver due to time constraints. In most emergency cases, it is advised to complete this course the evening before your appointment with our office.

List of Creditors

A thorough list of your creditors and their addresses must be filed. This document, known as the “creditors matrix,” is used by the court to send an official bankruptcy notice to your creditors.

The creditor matrix should include a thorough and complete list of all creditors, any co-debtors, and other interested parties, in addition to their mailing addresses.

If your financial situation is so complex that you are unsure of all your creditors’ names, gather as much information as possible about them before meeting with our legal team.

Form B-121

The final document required in an emergency bankruptcy filing is Form B-121, or the statement of your Social Security number.

You must include your current Social Security Number and any SSNs you may have had in the past. You must also include all federal Individual Taxpayer Identification Numbers (ITINs) you have or have used in the past. This form is short and can be filled out quickly if you have all the ID numbers ready to go.

Filing Fees or Fee Waivers

Unfortunately, filing for bankruptcy, even under emergency circumstances, is not free. Petitioners must be prepared to pay a fee when their petition is filed.

If you are filing a Chapter 7 petition, the total fee is $338. If you are filing a Chapter 13 petition, the total fee is $313.

If it is difficult or impossible for you to pay this fee up front, we may be able to pay the fee in installments. The court generally allows up to four installments. If the fee is just too much, it may be possible to file a fee waiver.

We may file a waiver using Form B103B for a Chapter 7 petition. Waivers are usually not available for Chapter 13 petitions. You must meet specific criteria regarding all sources of income, family size, monthly expenses, property, and other assets.

Remaining Documents and Forms

Once all the documents are filed, your bankruptcy is official, and the following legal protections take effect. The remaining forms, schedules, and documents must be filed within 14 days, or your case could be dismissed without notice.

Other Considerations When Filing an Emergency Bankruptcy Petition in Philadelphia

Filing for bankruptcy in Philadelphia will create a legal barrier between you and your creditors, stopping foreclosures, sheriff sales, repossessions, utility shut-offs, judgments, and other collection activity. However, filing for bankruptcy is only the first step.

When to Contact an Attorney

When our office prepares your bankruptcy filing, we do much more than complete forms and submit documents. Our knowledgeable attorneys will review the bankruptcy process with you in specific detail so you understand your obligations under the law. Additionally, our office will thoroughly review your assets, income, and other financial information to determine whether you qualify for bankruptcy – including verifying that you are eligible for Chapter 7 or have the economic means to complete a Chapter 13.

Gather Whatever Documents and Evidence You Have

When drafting and filing an emergency bankruptcy petition, it might not be feasible to review all the necessary documents. For example, if a debtor needs to file on the morning of a sheriff’s sale, they probably do not have evidence of their income for the last six months, and other documents and statements necessary to finalize a bankruptcy filing.

In these situations, it is essential to bring what documents you have on hand to your appointment, including a recent pay stub, bank statements, tax returns, and a recent credit report. It is also critical to answer every question truthfully and as accurately as possible.

Notifying Creditors

As stated above, filing for bankruptcy is only the first step. The next thing our office will do is notify any creditors with pending legal action. For instance, our office will send notice of your filing to the sheriff’s department, your mortgage company, and its legal representation if you are filing to stop a foreclosure or sheriff sale.

Filing Remaining Forms After the Emergency Petition

Once the emergency petition is filed, our office will begin completing and filing the remaining forms, schedules, and documents. These include information about bankruptcy schedules, a means test, and statements of financial affairs. Your exact documents will depend on your specific situation, finances, and the bankruptcy chapter you choose.

These documents must be filed within 14 days of the petition’s filing, or your case could be dismissed. Once a case is dismissed, you may not be able to file another petition for at least 180 days.

Any supporting documents and statements must be supplied to our office well before the two-week deadline.

FAQs About Filing an Emergency Bankruptcy Petition in Philadelphia

Why Would Someone Need to File an Emergency Bankruptcy Petition?

A person may need to file an emergency bankruptcy petition if they are at serious risk of losing their home or facing other adverse legal action from creditors in the immediate future. For example, if creditors are only a few days away from initiating foreclosure proceedings on your home, it might be time to file an emergency petition.

How Soon Should You Call a Lawyer About an Emergency Bankruptcy Petition?

If you believe adverse legal action, such as foreclosure, will be initiated against you in the immediate future, call an experienced bankruptcy lawyer for help right now. The longer you wait, the harder it might be to protect your property and assets from foreclosure, a lawsuit, or other adverse actions.

What Happens if You Do Not Have All Necessary Documents When Filing an Emergency Bankruptcy Petition?

If you do not have the bare minimum documentation to file an emergency petition, the court will not accept your petition. If you have the basic forms and documents needed to file an emergency petition, you may file any remaining documents and forms within 14 days. If you do not, your case may be dismissed, and you may be unable to file another petition for at least 180 days.

How Should You Get Ready to File an Emergency Bankruptcy Petition?

When preparing to file an emergency bankruptcy petition, gather as much information and documentation as possible before meeting with your lawyer. Even if you are unsure if something is important, bring it with you when you meet with a lawyer. The more you provide your attorney with at your first meeting, the faster they will be able to file your emergency petition.

Can You Avoid Foreclosure by Filing an Emergency Bankruptcy Petition?

Possibly. An emergency petition does not necessarily prevent the foreclosure, but it will result in an automatic stay enforced by the court. The automatic stay halts the foreclosure and other legal proceedings against you, while your bankruptcy case is pending. You may avoid the foreclosure altogether in the end, but this is not guaranteed.

Contact Our Experienced Philadelphia Bankruptcy Attorney if You Need to File Immediately

For a free initial legal review from our Philadelphia bankruptcy lawyers, call Young, Marr, Mallis & Associates at (215) 701-6519.