What Do I Need to File Right Now?

Your foreclosure auction is tomorrow and you need the automatic stay to keep it from going forward. Can you file it that quickly? What will it require?

While some attorneys won’t do emergency filings, we do in limited circumstances:

  • You will need to bring cash, typically the entire fee for the bankruptcy. These emergency cases rarely ever make it to confirmation, so everything needs to be paid upfront. Typically emergency filings will cost more since we need to stop working on all our other cases to get yours out.
  • We will only do emergency Chapter 13 cases. After we get everything filed and schedules completed, if a Chapter 7 is better for you, we will convert. Chapter 13s are also dismissible, so if we do all your schedules and figure out that neither Chapter 7 nor Chapter 13 will work for you, we can always dismiss your case.
  • You must have completed your credit counseling before filing. With the advent of online credit counselors, this usually isn’t a problem. Tell the counselor you need it right away and it can be issued quickly.
  • Lastly, we need the court papers. Usually the only reason for an emergency filing is a pending court action (usually a foreclosure). We need this info so we can notify them when you file. It is always better to plan your bankruptcy well before having to filing it. No only does it tend to be cheaper, it also requires you to do less running around just before filing.

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