An Emergency Bankruptcy Can Trigger an Automatic Stay Against Creditors

Maybe your wages are scheduled to be garnished from your next paycheck, maybe your home is about to enter foreclosure, or maybe you have creditors threatening you with a lawsuits. Sometimes, you need instant relief from debt. This is when an emergency bankruptcy filing may be an excellent option.

An emergency bankruptcy filing triggers an “automatic stay,” which can help put an end to creditor harassment, garnishments and repossessions, lawsuits and foreclosures. To file an emergency bankruptcy petition, in most states you will need to fill out the following forms:

  • Form 1—Voluntary Petition—this form provides the court with basic information about you, like your address, birth date, and other vital information, as well as information about the nature of your debts . On this form, you will also indicate whether you’re filing for Chapter 7 or Chapter 13 bankruptcy.
  • A Mailing Matrix—this is a list of all your creditors and their mailing addresses that the court uses to send out all notices. It’s important that this list is correct—if you fail to list specific creditors, there’s a possibility that your debt may not get discharged.
  • Form 21—this form confirms your Social Security number. It is not made public.

We suggest contacting an experienced attorney to complete a bankruptcy filing. While these steps may be easy, it’s also easy to commit mistakes that can result in having your case dismissed and your automatic stay rescinded. Filing a petition right the first time can save you money and time. Having to file multiple bankruptcy petitions can result in additional court costs and legal fees.

If you’re filing for bankruptcy, an experienced attorney will work directly with you to file the required paperwork in a timely manner.  Once the initial paperwork for a bankruptcy petition is filed, in most cases, you’ll be required to supply additional docu­ments within 14 days. This is also where having an attorney helps—an attorney can collect all of the information you need to file a bankruptcy petition at once, allowing you to take care of all the required documentation at the same time.

If you feel like you are in a financial hole and are being harassed by creditors, contact our Washington DC and Maryland bankruptcy attorney now for a free consultation. We can offer you the best solution for whatever your debt issues may be.

Law Firm of Kevin D. JuddWashington DC and Maryland bankruptcy attorney



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