A Creditor’s Worse Nightmare – The Emergency Bankruptcy Petition

Fort Lauderdale Bankruptcy Attorney Orfelia Mayor Can Stop Wage Garnishment Quick, Fast and in a Hurry!

Sometimes the creditors catch you off guard and garnish your wages or freeze your bank account without warning. Although filing a Fort Lauderdale bankruptcy will stop them in their tracks because of the automatic stay, preparing a full bankruptcy petition takes a bit of time. There are documents to gather, lots of them! Then, your bankruptcy lawyer in Fort Lauderdale has to go through all those documents and prepare the many bankruptcy schedules. You have to review them with your bankruptcy lawyer, correct any input errors, etc.

Since gathering all of the required information and filling out the forms can take a great deal of time, how do you get immediate relief from your wage garnishment or stop your car repossession? The solution is to file an emergency bankruptcy petition. By filing just a few forms and the initial petition document, you will get a bankruptcy case filed and once you have a Fort Lauderdale bankruptcy case number in hand – all the collection efforts must stop immediately.

How Does a Fort Lauderdale Emergency Bankruptcy Stop Creditors?

Immediately upon the filing of a Hollywood Florida emergency bankruptcy petition, the bankruptcy automatic stay kicks in. The automatic stay immediately stops creditors from continuing any collection action against you. That means that if you are hiding your car from the repo man, you can park it in your driveway again! The auto loan lender can’t repossess your car once you file your Coral Springs emergency bankruptcy petition. Likewise, if you are behind on your mortgage payments or your house is about to be sold at a foreclosure auction, your mortgage company must immediately stop the foreclose, at least temporarily while the automatic stay is in effect.

To summarize, when a Ft. Lauderdale bankruptcy lawyer files an emergency bankruptcy petition on your behalf, the automatic stay kicks in right away and they have to immediately stop whatever credit collection action they are undertaking. After filing the emergency petition, we now have 14 days to file the remaining required documents in your case. The automatic stay protects your wages or your property while we take the time to complete and file the rest of the forms.

What are The Steps to File a Ft. Lauderdale Emergency Bankruptcy?

Before we can file any type of bankruptcy case, you must take an online, court approved credit counseling course. If you can’t take it online, there are other options available such as over the telephone or in person. Your certificate of credit counseling must be time-stamped as completed before the filing of your Ft. Lauderdale emergency bankruptcy forms. We prefer to have it completed the day before we file but an emergency is an emergency!

Before we file a Chapter 7 emergency petition, we will also do a means test to make sure that you qualify for a Coral Springs or Ft. Lauderdale Chapter 7 bankruptcy. The Bankruptcy Law Firm of Orfelia Mayor will also require you to submit all of the necessary documents in order for us to finish your petition before we file the emergency petition whenever possible. The reason for this is because if the rest of the forms are not filed within 14 days, then your case will be dismissed and our goal is to provide you with a fresh start. For most people, gathering the documents is the most tedious part of the Ft. Lauderdale bankruptcy process. Of course, if circumstances don’t allow you to gather everything before filing the emergency petition, then we will file it anyway and bug you for them!

In Coral Springs, What Forms Are Required for an Emergency Chapter 7 Bankruptcy Filing?

In order to immediately file your bankruptcy case and have the automatic stay protect you from your creditors, we must file the following documents: 11) the voluntary petition; 2) the creditor matrix (a list of all your creditors and their addresses), and the certificate of credit counseling.

It is the bare minimum amount of information necessary to open a Ft. Lauderdale bankruptcy case.

Filing the Rest of the Hollywood Florida Emergency Chapter 7 Bankruptcy Forms

As we mentioned earlier, after the initial forms are filed, the court grants us 14 days to complete and file the remaining bankruptcy forms. Depending on your individual circumstances, a completed bankruptcy petition may be comprised of 60 or more pages.

If we are unable to file the required forms by the 14 day deadline, a request can be made to the bankruptcy court for more time. If this request is approved by the court then we will receive a new deadline. If you don’t file the forms and don’t request an extension of the first 14 day deadline, the court will dismiss your bankruptcy case quick, fast and in a hurry. They will do the same if you do receive an extension and then fail to file the documents by that deadline.

Chapter 13 Emergency Bankruptcy Filing in Ft. Lauderdale

If a Ft. Lauderdale Chapter 13 is the better bankruptcy chapter for you to file under, we can also file an emergency bankruptcy petition. The credit counseling requirement is the same as in a Chapter 7 bankruptcy. We don’t have to do a means test before filing an emergency Chapter 13 petition since there is no income cap in Chapter 13. We do have to check and make sure that your income is sufficient and stable enough to allow you to make the monthly Chapter 13 plan payments to the Chapter 13 trustee.

The same forms are required regardless of whether it is Chapter 7 or Chapter 13.

Filing the Rest of the Bankruptcy Forms in Chapter 13

You are given the same 14 day deadline to file the balance of your emergency bankruptcy petition.

The main difference is that in a Chapter 13, you must make your first payment to the trustee within 30 days of filing the case. That must be done regardless of when we file the remaining schedules and forms. So, even if we get an extension beyond the 14-day deadline, you must still make your first plan payment to the Chapter 13 trustee within 30 days

No Money? No Problem! We are Set Up for Emergency Bankruptcy Filings!

If you are getting harassed by creditors or in fear of a wage garnishment but don’t have the money to pay attorney fees up-front, call us for a free consultation. Filing bankruptcy is not a simple process. There rules and deadlines that you must strictly observe or your case may get dismissed before you get full debt relief.

We offer many different payment options that can get you filed immediately. Don’t risk filing a Pembroke Pines emergency bankruptcy petition without the help of our experienced Miramar bankruptcy lawyer. Make an appointment today!