Do you have a Bankruptcy Emergency or Need to File Bankruptcy in a Hurry?
If you have a financial emergency, and need to file an Emergency Bankruptcy or last minute bankruptcy case, contact, The Law Offices of R.J.Atkinson. We handle Emergency Bankruptcy cases and can provide you a free bankruptcy evaluation to determine your bankruptcy options in order to deal with your financial emergency.
So just what is a Bankruptcy Emergency?
Well that depends on your particular set of circumstances. What one person considers to be a Bankruptcy Emergency, another may not.
For the majority of people, it’s considered a financial emergency when your wages have been garnished, your bank account has been levied or attached, you expect a judgment for fraud or for contempt of court in a child support case to be entered, the repo man is at your door, or your home is being foreclosed on. These types of situations can often motivate people to file an emergency bankruptcy case. There are other situations that can be considered a personal bankruptcy emergency such as a pending lawsuit, an upcoming trial, an eviction, or the possibility of a Federal Tax Lien, turnover action, or the enforcement of a judgment against property.
When these kinds of things happen, it’s important to get bankruptcy advice from an experienced Texas Bankruptcy Attorney. Knowing all of your debt relief options is important when financial crisis hits, because whether the bankruptcy emergency is personal, business, or is a combination of both, you emergency bankruptcy case needs to be filed correctly and with the appropriate pre-filing requirements completed. Our experienced Bankruptcy Attorneys can explain your bankruptcy options and help you determine whether an Emergency Bankruptcy filing is appropriate in your situation.
Why file an Emergency Bankruptcy?
Filing for bankruptcy provides you the protection of the automatic stay. The automatic stay stops creditors from taking further legal action against you. The automatic stay is like pressing a button that immediately stops creditors dead in their tracks. The moment a Bankruptcy case is filed The automatic stay goes into effect and most creditors cannot take any further action against you without permission of the Bankruptcy Court. Filing an Emergency Bankruptcy will stop a legal action that may cause you financial harm. Most people file a Bankruptcy on an Emergency basis to stop creditor collections and legal actions against them, such as foreclosure, repossession, garnishment, lawsuits, or when facing the loss of property.
What is required to file for Emergency Bankruptcy?
Whether it’s an Emergency Bankruptcy or a Bankruptcy Case that is filed weeks before a foreclosure sale, an upcoming trial, an immanent repossession, or other financial problem, there are pre-bankruptcy filing requirements. These requirements are mandatory and if not completed timely, your case will get dismissed. The primary requirement that holds most cases up in an Emergency Bankruptcy situation is the requirement of pre-bankruptcy credit counseling. This mandatory pre-filing requirement is supposed to be completed within 24 hours before filing bankruptcy. It’s actually a credit counseling “course” which must be completed with a provider approved by the U.S. Trustee’s office for the Bankruptcy Court District where you reside. The latest changes to the Bankruptcy Code actually seek to prevent Emergency Bankruptcy filings.
So in order to file for bankruptcy on an emergency basis, the minimum requirements are the bankruptcy petition, which includes the exhibit documentation of pre-bankruptcy consumer credit counseling, the statement of your Social Security number, the list of your creditors names and addresses (the mailing matrix), and in some cases, your paystubs and other required local forms & documents.
The remaining documentation needs to be filed within fifteen days after the filing or your case can be dismissed. Also your Tax Returns must be filed within 30 days after filing or your case can be dismissed. At The Law Offices of R.J.Atkinson, an experienced Bankruptcy Attorney can assist you in obtaining the pre-bankruptcy credit counseling you’ll need in a timely fashion. We may be able to accommodate your taking the course in our office.
Waiting to the Last Minute to File For Bankruptcy…
Filing for Bankruptcy to deal with debt is one thing, but filing an Emergency Bankruptcy is another. Waiting to the last minute to file for bankruptcy or to deal with any kind of legal problem usually adds unnecessary stress to the situation, and can also leave room for errors or even prevent you from filing for bankruptcy. While it’s possible to file for an Emergency Bankruptcy to deal with financial problems that suddenly come about, there are certain legal requirements that must be adhered to before filing for bankruptcy.
In many cases where people are facing foreclosure of their homes, they’ll try to work out a repayment arrangement or forbearance agreement with their mortgage company waiting until the last day or two before the foreclosure sale. Should their proposed repayment arrangement or forbearance agreement fall through or not be accepted (which is very often the case), filing a Chapter 13 Bankruptcy on the day of the foreclosure or just before the sale date becomes their last option to stop foreclosure. When this happens, the homeowner might not have enough time to complete the pre-bankruptcy credit counseling course, prepare an emergency bankruptcy petition, and obtain the list of creditors and parties to receive proper notice of the foreclosure.
If you are facing foreclosure, repossession, a lawsuit, a child support contempt action, the entry of a judgment, a turnover action, the appointment of a receiver, or any upcoming or imminent financial crisis, try not to wait until the last minute before considering bankruptcy. If you do wait to the last minute to file an Emergency Bankruptcy, The Law Offices Of R.J.Atkinson is here to help if we can, but if you wait too long before getting help, you may eliminate some of your options including bankruptcy.
So, if you have a Financial Emergency, and need to file for Chapter 7, Chapter 11, or Chapter 13 Bankruptcy contact, The Law Offices Of R.J.Atkinson. As Texas Bankruptcy Lawyers, we have helped thousands in Texas to eliminate, reduce, and reorganize their debts. Contact us for a free bankruptcy evaluation to see how we can help you with your Bankruptcy Emergency.
Whether you live in Austin, Houston, Dallas, San Antonio, San Marcos, Waco, Temple, Baytown, College Station, Bryan, Dennison, Round Rock, Georgetown, Plano, Garland, Irving, McKinney, Carrolton, Denton, Katy, Richardson, Sugarland, New Braunfels, Seguin, Humble, Boerne, Kerrville, Addison, Arlington, Victoria, Sherman, or most anywhere else in Texas, we can help you determine your eligibility to file for Bankruptcy and can help you decide if an Emergency Bankruptcy is and viable option for you or your company. Contact us about your Bankruptcy Emergency.
Call San Antonio Bankruptcy Lawyer R.J.Atkinson: 210-805-9909
