Emergency Bankruptcy Attorney in Orange County, CA
Practice Areas
Orange County Lawyers for Emergency Bankruptcy Filings
Impending collection efforts, foreclosure, repossession, or wage garnishment can place a lot of stress on someone who’s already struggling with crushing debt. Luckily, there is a solution that can help you stop foreclosure, repossession, and other negative actions in their tracks. An emergency bankruptcy filing can give you the financial breathing room you need to get back on track. If you want to file an emergency bankruptcy petition, speak with an emergency bankruptcy attorney as soon as possible.
The Orange County bankruptcy lawyers at Marshack Hays Wood have helped countless California residents with emergency bankruptcy filings. We have decades of experience handling bankruptcy cases. Let us put our experience to work for you in your bankruptcy case.
To schedule a consultation with one of our skilled bankruptcy lawyers, please call our office at (949) 333-7777 today.
What is an Emergency Bankruptcy Filing?
Also known as a skeleton bankruptcy filing, an emergency bankruptcy filing is when a debtor files only the minimum required forms to start their bankruptcy case. It is an option for those facing serious collection efforts, repossession, foreclosure, or wage garnishment. The benefit of a skeleton bankruptcy filing is that it jumpstarts your case so you can get the benefits of the automatic stay as quickly as possible.
The automatic stay temporarily disallows certain creditors from attempting to collect on your debts. It also prevents them from garnishing your wages, repossessing your vehicle, or foreclosing on your home. If creditors or collection agencies violate the automatic stay order, they could face a lawsuit.
How Does Emergency Bankruptcy Work?
An emergency bankruptcy case allows a debtor to file their bankruptcy petition with only the minimum required forms. This both initiates the filer’s case and gives them the protection of the automatic stay. It is a streamlined process that debtors can take advantage of in urgent situations.
For example, maybe they are facing a wage garnishment that goes into effect on their next paycheck. This garnishment might impede their ability to pay their bills. In this case, the debtor can file an emergency bankruptcy and receive the protection of the automatic stay. This prevents the wage garnishment from happening, allows them to keep their full paycheck, and gives them much-needed financial breathing room.
What Are the Documents Required to File an Emergency Bankruptcy?
The main difference between a regular bankruptcy filing and an emergency filing is the fact that you don’t need to submit all the bankruptcy forms at once. Instead, you can submit only the mandatory bankruptcy forms to kickstart your case. Full bankruptcy petitions often require upwards of 40 pages of paperwork, which can take a long time to fill out.
Through an emergency filing, you can submit only a fraction of this paperwork while still receiving the benefits of bankruptcy. To initiate a skeleton bankruptcy filing, you will need the following forms.
- Form 101, Voluntary Petition
- Credit counseling certificate dated appropriately
- Form 121, Statement of Social Security Number
- Creditor matrix, which is an alphabetical list of all your creditors and their corresponding mailing addresses
Forms 101 and 121 can be downloaded from the United States Courts website.
Why Do People File Emergency Bankruptcy Cases?
Many people may initiate an emergency filing for bankruptcy because they are facing a collection action that they want to stop as quickly as possible. Common reasons for initiating an emergency bankruptcy case include collection efforts, foreclosure, repossession, and wage garnishment.
While many people prefer to take their time and research bankruptcy before they file, not everybody has that luxury. Emergency filings exist to help those who do not have the time to deliberate over whether or not to file, then fill out 40 or more pages of paperwork. After all, it is called an “emergency bankruptcy” for a reason.
If you need immediate protection from your creditors, but don’t have time to fill out all the paperwork for a regular filing, submitting an emergency petition could be a good option for you.
What Are the Steps in an Emergency Bankruptcy Filing in California?
The emergency bankruptcy process requires only a small number of forms to get started. However, you must still meet certain requirements before you can file for emergency bankruptcy. Below, we outline the steps you must take in the emergency bankruptcy process.
Choose Your Bankruptcy Chapter
First, choose your emergency bankruptcy chapter. Most filers opt for either Chapter 7 or Chapter 13 bankruptcy. Emergency bankruptcies require you to list which chapter you intend to file. A bankruptcy lawyer can help you determine which chapter is best for your situation. Remember that it can be difficult to switch to a different bankruptcy chapter after filing, so it’s important to choose the right chapter the first time.
Determine Your Eligibility
Depending on your situation, it is likely that either Chapter 7 or Chapter 13 will be a more attractive option. However, not every bankruptcy filer qualifies to file Chapter 7. To qualify for Chapter 7 bankruptcy, you must pass a means test. The means test measures whether you make less than the median income for a household of your size in your state.
If you do make less than the median, you most likely qualify for Chapter 7. If you make more than the median, you most likely do not qualify for Chapter 7. Instead, you may need to file Chapter 13 bankruptcy. You are not required to submit the means test with your emergency bankruptcy petition, but we strongly recommend doing those calculations before you file. That way, you can know for sure which chapter you are eligible for.
Additionally, certain bankruptcy automatic stay exceptions may affect your case. For example, if you have filed multiple bankruptcies already, there may be a waiting period between your last discharge and your next discharge. You may also face complications if you previously filed for bankruptcy, but your case was dismissed rather than discharged. We strongly recommend speaking with an attorney about your case to learn whether these exceptions apply to you.
Take the Credit Counseling Course
Even when submitting an emergency bankruptcy petition, filers must complete a credit counseling course from a court-approved provider. Most providers offer these courses over the phone, online, or both. They will need to pay a fee for the course, but it usually does not exceed $45. In total, the course should last around two hours in a one-time session.
Once you complete the course, the provider will send you a credit counseling course certificate. You must file the credit counseling certificate with your other emergency bankruptcy documents.
Fill Out Your Emergency Bankruptcy Forms
As we mentioned before, an emergency petition requires far less bankruptcy paperwork than the average case. When filing an emergency bankruptcy petition, you must submit the following bankruptcy forms to the bankruptcy court.
- Voluntary Petition, Form 101: This is an 8-page form that will include certain basic information about you, which type of bankruptcy you want to file, your previous bankruptcies (if applicable), and where you live.
- Creditor Matrix: This is a full list of all your creditors and their mailing addresses in alphabetical order. Most courts require you to submit the matrix in a certain format.
- Statement of Social Security Number, Form 121: This is the one form in your paperwork where you will use your full Social Security Number. Your SSN will only be visible to the court, not your lawyer, creditors, or bankruptcy trustee.
- Certificate of Credit Counseling
Pay Your Filing Fee
Next, you must pay the necessary filing fees. The filing fee for Chapter 7 is $338, while the filing fee for Chapter 13 is $313. You must pay the fee on your filing date. If you cannot afford to pay the filing fee, you can either request to pay the fee in installments or request a fee waiver. To qualify for a fee waiver application, you must make less than 150% of the federal poverty guidelines.
Notify Your Creditors of the Emergency Bankruptcy Filing
After you have filed your mandatory paperwork with the bankruptcy court, you should notify your creditors that you have filed for bankruptcy. Although bankruptcy courts do mail notices of bankruptcy filings to creditors, this information often takes days to reach them. To stop an impending collection action in its tracks, you should call your creditors directly to notify them of your bankruptcy filing. They will usually ask for your bankruptcy case number, which you should have on hand when you call them.
Submit the Remaining Forms
After you have filed your emergency paperwork, you must complete and submit your remaining bankruptcy forms within 14 days of filing. It is best to start this as soon as possible, as the remaining bankruptcy forms will be lengthier than the forms for your emergency petition.
Bankruptcy courts issue deficiency notices after filers submit emergency petitions. These notices don’t mean that they have done something wrong. They just mean that filers have remaining paperwork to submit.
Your deficiency notice will include a checklist of the remaining forms that you must submit to the court, as well as the filing deadline for those forms. Work with your attorney to complete the forms as accurately and quickly as possible, then submit them in person to ensure they are received on time. Failing to submit those forms could result in a dismissal of your case.
Once all of your forms have been submitted, your skeleton filing will proceed as a regular bankruptcy filing.
Can You File an Emergency Bankruptcy Online?
Yes, you can file for emergency bankruptcy online. In fact, many people who file for emergency bankruptcy do so online. Online filing is available every day of the week, at any time of the day. This makes it a more accessible option than physically filing your bankruptcy with a court clerk. You should be able to file online through your bankruptcy court’s website.
Is Emergency Bankruptcy Right for You?
Filing bankruptcy in an emergency situation has many benefits. However, it’s also important to consider the possible drawbacks. When you file bankruptcy, you will need to fill out and submit many forms, which can take a long time. To fill out those forms, you will gather documents like tax returns, pay stubs, bank statements, and more. With such a limited amount of time to file all of your paperwork, it can be difficult to have everything completed on time.
Additionally, if other complications arise, you won’t have much time to come up with a solution. An attorney can mitigate these drawbacks with their previous experience in helping others file bankruptcy.
Do I Need an Emergency Bankruptcy Attorney to File?
Filers are not required to hire bankruptcy attorneys for their cases, but it is in their best interest to at least schedule a consultation. Filing for bankruptcy is a complicated process, especially when you’re facing pressure from creditors. An attorney can ensure that all of your forms are filled out properly and that you do not miss your filing deadlines.
Contact an Emergency Bankruptcy Lawyer in Orange County with Marshack Hays Wood
If you are struggling with unmanageable debt, filing for bankruptcy can give you the breathing room you need to reorganize your finances and get them back on track. When you work with the attorneys at Marshack Hays Wood, we will walk you through the entire bankruptcy filing process from petition to discharge.
With decades of experience on our side, you can rest assured that your case will proceed as smoothly as possible. To schedule an appointment with an Orange County bankruptcy lawyer, please call our office at (949) 333-7777 today.
READY TO GET STARTED?
At Marshack Hays Wood, our attorneys provide the legal support you need to move forward with confidence. Let us help you take the first step toward financial stability.
