It is possible to file a quick bankruptcy called “emergency bankruptcy” of “skeleton bankruptcy” to stop impending creditor action. You just need a few simple steps and some points to take note of.
Will filing bankruptcy help me with my financial problems?
In times where you need to be one step ahead of your creditors, filing for bankruptcy helps a great deal. Once a bankruptcy case is filed, the court orders an automatic stay which instantaneously halts most civil lawsuits filed against you and most collection activities being taken against your property by a creditor, collection agency, or government entity.
But then again, filing for bankruptcy takes time because of the numerous forms that you need to accomplish. This takes time and you do not want to waste any more hours to do all that paperwork when you have creditors in hot pursuit.
The efficient means to file for bankruptcy is to seek the help of an experienced bankruptcy attorney in West Virginia to help you out with the process. A bankruptcy lawyer will guide you on the steps you need to take, the requirements you need to comply with, and even keep track of deadlines so that you reduce the risk of your bankruptcy case being dismissed.
How do I go about filing an emergency bankruptcy?
When time is of the essence, you can fast track your bankruptcy filing process by filing an emergency bankruptcy, secure the automatic stay in place, and submit the remaining documents later. Do you know that the average bankruptcy petition is between 40 to 50 pages when completed? This is an enormous amount of paperwork that is not to your advantage when you are facing a foreclosure auction, repossession, wage garnishment, collection lawsuit, or another time-sensitive situation.
In this digital age, most processes are done online, including filing bankruptcy. Bankruptcy forms may be filed online when you need to file an emergency bankruptcy. You can also access the online platform any time and upload the required forms at your most convenient time or when they are ready to be filed. Forms that need to be uploaded as required in an emergency bankruptcy are as follows:
- the bankruptcy petition (the primary document containing identifying information, the chapter you’re filing, and other general information) (Form 101)
- your Statement About Your Social Security Numbers (Form B121)
- The creditor mailing list or mailing matrix – which is the list of names and addresses of all of your creditors, and
- a credit counseling certificate requirement or a waiver request
Still, the service is not free. You will still need to prepare a filing fee, a request for a fee waiver, or a request to pay the fee in installments.
Working with a seasoned bankruptcy lawyer in West Virginia will ensure that you do not miss out on critical details and deadlines. This way, you do not take on further unnecessary stress and you can just focus on even more important matters as we help you get a break from your financial quandary.
I do not have all the documents ready at the moment. Is that a problem?
You have 14 days to file the additional documents from the time you filed the bankruptcy petition. Failure to meet the deadline will put your emergency bankruptcy filing at risk of being dismissed by the bankruptcy court. Make sure you also comply with the other forms that are required by your local bankruptcy court. You can check out the court’s website for the other requirements if any.
What are the steps to file an emergency bankruptcy?
There are only seven simple steps to file an emergency bankruptcy case. You need to do all these in order to not put your bankruptcy filing at risk of being dismissed:
- Check with the court clerk or visit the court’s website to find out what are the forms you will be required to fill out and submit for a skeleton bankruptcy filing.
- Fill out the bankruptcy petition form, otherwise known as Form 101, formally called the Voluntary Petition for Individuals Filing for Bankruptcy.
- Fill out the list of creditors. Be sure to include the names and addresses of everyone you owe money to, as well as collection agencies, sheriffs, attorneys, and others who are seeking to collect debts from you. Check that you put in the updated addresses by using the address on the most recent billing statement or court filing.
- Fill out your Form B121 or Your Statement About Your Social Security Numbers.
- Make sure that you submit other documents the court requires (for instance, in some jurisdictions you must file a cover sheet and an order of dismissal that will be executed if you fail to submit the remaining documents).
- File the originals and the required number of copies with the court clerk, accompanied by your fee, a fee waiver application, or a request to pay the fee in installments, along with a self-addressed envelope. Keep copies for your records.
- Last but definitely, not the least, file the remaining required forms within 14 days to avoid dismissal of your case.
Contact a West Virginia Bankruptcy Attorney Today
If you do not want further stress, overwhelming documentation, and nerve-wracking deadlines, it is smarter to work with one of the best bankruptcy lawyers in West Virginia. We cannot state that often enough. We, at Thomas E. McIntire and Associates, want to help you in getting back on track with your finances and redeem your financial freedom. You do not need additional migraine-inducing stress brought about by filing bankruptcy. We will be happy to help you get that fresh start you so rightly deserve. Call us now for a free initial case consultation.
Last but definitely, not the least, file the remaining required forms within 14 days to avoid dismissal of your case.