Emergency Bankruptcy to Stop Foreclosure
- Oct, 05, 2017
- Staff Lawyer
- Debt Relief
Are you facing foreclosure or car repossession? An emergency bankruptcy filing may be able to stop these actions in their tracks. Our Tampa bankruptcy attorneys do NOT advise to wait until the last moment to file bankruptcy. However, it is possible to file a bankruptcy petition before your property is seized. Call (813) 990-7944 for more info.
It is vital to file your emergency bankruptcy petition before the official date the property will be sold. Remember that all of the filing requirements must be met. These include preparation and submission of the petition, getting crediting counseling and other requirements. A Tampa, Florida bankruptcy attorney can assist you to get your emergency filing done on time to save your home or vehicle.
Foreclosure Defense Attorney
Note: It is not generally recommended to make an emergency bankruptcy filing. There are times when it is necessary, however. Bankruptcy requires extensive paperwork, and has very specific deadlines and next steps.
A danger of filing emergency bankruptcy is that if a mistake is made, the judge could dismiss your case or deny it. If you DO need to file emergency bankruptcy, be certain to choose an experienced bankruptcy attorney to represent your interests.
Why File Emergency Bankruptcy
When you submit your bankruptcy petition, an automatic stay begins. The automatic stay prohibits most creditors from harassing you for payment. For instance, if you are three months behind on your mortgage, the mortgage company may not contact you further for payment. Any ongoing foreclosure proceedings must halt.
An emergency bankruptcy petition has minimum forms to complete. Once this is done, the automatic stay begins. So your property is protected from creditors, and you have time to speak with your attorney in detail about how to proceed.
How to File Emergency Bankruptcy
Filing for Chapter 7 bankruptcy requires you to take a credit counseling class. It is usually available online. After you have completed the course, you will receive a certificate that you have passed. It must have a date that is at least one day before the emergency filing date.
Next, to start your bankruptcy, you have to file at least these documents:
- Voluntary petition: A three page application that has all of your personal information, amount of debt total number of creditors.
- Creditor matrix: Lists all contact information for your creditors, as well as all other parties that have to be contacted about the bankruptcy.
- Exhibit D: This tells the course that you understand the requirement for credit counseling as a condition for filing emergency bankruptcy.
Once these initial forms are filed, you have 14 days to file all of the other forms. Your bankruptcy attorney will keep you organized and ensure that you file everything you need.
Call (813) 990-7944
People who are in serious financial trouble may be on the verge of losing their home, car, or both. Sometimes it is imperative to stop creditor collection activities fast.
If you want to stop foreclosure or car repossession, it is critical to contact an experienced attorney in bankruptcy law immediately. Our law firm offers no obligation consultations. Call (813) 990-7944 today.