Forms Required for an Emergency Chapter 7 Bankruptcy Filing In order to start your case and get the benefit of the automatic stay, you must file, at a minimum, the following documents: voluntary petition, creditor matrix with verification, and certificate of credit counseling, if applicable, and Exhibit D. Required Documents for an Emergency Bankruptcy The core of any bankruptcy filing is the bankruptcy petition, which is essential in an emergency bankruptcy as well. You will need to determine which chapter of the bankruptcy code forms the basis of your filing and state it in the petition, while also providing your identifying information. An incomplete bankruptcy filing is known as an emergency or skeletal bankruptcy. Although the procedures for filing an emergency bankruptcy differ by jurisdiction, some basic forms are required at the time of initial filing or within 48 hours after.
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If your monthly disposable income exceeds a certain amount, you do not pass the means test and cannot file for Chapter 7. It can take a great deal of time to prepare these documents, but an emergency bankruptcy filing only requires minimum documents. For an emergency Chapter 13, you must also file a pay order with estimated plan payments for the trustee. As soon as you file your petition, you will have the protection of the automatic stay which stops most forms of collection actions against you, including garnishment, lawsuits, judgments, foreclosure, and repossession.
While the court will do this, it may not have time to notify your creditors to stop impending actions due to the emergency filing. You will get a deadline to file the rest of your paperwork after your skeleton petition. This deadline is usually 14 days. If you cannot file the rest of the paperwork before the deadline, you can file a request for more time. If approved, you will get a new deadline. If you miss the deadline without asking for more time or the second deadline passes, your case will be dismissed.
The documents you will need to file within that deadline depend on your case. The following are the most common documents in a Chapter 7 bankruptcy not included in the skeleton petition , but some may not apply to you. For an emergency Chapter 7 petition, you will need to file: Your bankruptcy petition, or Form B This three-page document is the most essential component of your petition. It contains your general information and a statement that you are not influenced into bankruptcy by someone else.
Creditor Matrix. This document lists the names and contact information for your known creditors. Some courts do allow this to be filed a few days after your petition with an emergency filing. Certificate of Credit Counseling. To file for bankruptcy, you must complete credit counseling. If you do not, you must file a motion explaining exigent circumstances that prevented you from completing this short counseling, which can be done online or over the phone.
You may be able to avoid the requirement that credit counseling be completed within days of filing. Notify Your Creditors As soon as you file your petition, you will have the protection of the automatic stay which stops most forms of collection actions against you, including garnishment, lawsuits, judgments, foreclosure, and repossession. Deadline for Filing Additional Documents You will get a deadline to file the rest of your paperwork after your skeleton petition.
This form requires listing all property you own, such as interest in real estate, a vehicle, or luxury items. You must state how you hold title to the property, whether it is owned solely or with someone else, and its current value. This is a list of your secured debts, which may include a car with a loan or a home with a mortgage, for example. This document has two parts: priority and non priority debts. Priority debts include tax debts and back child support, for example.
Subpoena For Rule Examination. Entry of Default. Judgment by Default - Clerk. Judgment by Default - Judge. Judgment in an Adversary Proceeding. Notice of Entry of Judgment. Bill of Costs. Writ of Execution to the United State Marshal. Certification of Judgment for Registration in Another District. Notice of Filing of Final Report of Trustee. Final Decree. Disclosure of Compensation of Bankruptcy Petition Preparer. Appearance of Child Support Creditor or Representative. Notice of Chapter 13 Bankruptcy Case.
Order and Notice for Hearing on Disclosure Statement. Order Conditionally Approving Disclosure Statement. Ballot for Accepting or Rejecting Plan. Order Confirming Plan. Discharge of Debtor in a Chapter 7 Case. Chapter 12 Discharge. Chapter 12 Hardship Discharge. Individual Chapter 11 Discharge. Chapter 13 Discharge. Chapter 13 Hardship Discharge. Petition for Recognition of Foreign Proceeding.
Proof Of Claim. Notice of Final Cure Payment. Response to Notice of Final Cure Payment. Proof Of Claim, Attachment A. Proof Of Claim, Supplement 1. Proof Of Claim, Supplement 2. General Power of Attorney. Special Power of Attorney. Caption Short Title. Declaration of Inmate Filing. Certificate of Compliance With Rule a 7 B or d 2. Notice of Motion or Objection. Notice of Objection to Claim. Certification About a Financial Management Course.