What is an emergency bankruptcy filing?

An emergency filing is done most often to prevent a home from being auctioned at foreclosure. The reason is because filing bankruptcy creates an “Automatic Stay” that stops things like foreclosure, garnishment, and repossession.

The Atlanta bankruptcy court allows you to file an emergency or skeleton petition with payment of part of the filing fee and only two pieces of the complete petition (though you do have to provide the rest of the petition within a week or so). You must file the voluntary petition, and you must file your list of creditors. The list of creditors can be amended after you file, but you will be $26 to do so. You must also complete credit counseling before you file.

Though it is possible to file by yourself, it will most likely benefit you to consult with a reputable bankruptcy attorney BEFORE you decide to file. Why?

Working with an attorney will ensure that you understand what is involved, what your options might be, and what outcomes might occur.

Go it alone and you might find yourself with only a brief reprieve from your mortgage company. Your case could be dismissed and you might be greeted with a motion to lift the stay for any number of reasons. If the motion to lift the stay is granted, your foreclosure is back on, and you’re still where you are now.

Your case might not be dismissed, but you might sit down to complete the rest of the petition and find yourself confused, frustrated, and hopeless. (Have you taken a look at the means test, or the Chapter 13 plan documentation?) If your case gets dismissed for failing to make plan payments because you did not understand how to formulate the best plan for your situation, you’ve wasted your time and money–and your house will be back in auction. Your house is your most important investment, don’t risk it.

Having your house on the line is scary and stressful. If you are facing the possibility of foreclosure, it’s not too late to get real help that your family (and your financial reputation deserve).