How do you file Emergency BK?

For an emergency bankruptcy, you only have to file certain parts of the paperwork. The rest of the paperwork is then due within 15 days of the filing.

That's really the only difference between an emergency filing and a regular filing. You still have to turn in the same paperwork, only you dont' turn it all in at the same time.

5 Steps to completing the emergency chapter 7 petition on your own

Step 1: Retrieve the following 4 forms (the first two have two parts) from **the federal bk court website AND your local bk court website, a few of the forms are federal, but the rest are local and vary from district to district **and complete them:

1. B1 - Voluntary Petition - (Consists of Form & Exhibit "D")

2. B3A - Application and Order to Pay Filing Fee in Installments - (Consists of Application & Order) If you intend to pay the filing fee when you file you will not need these forms.

3. B6D - Schedule D - Creditors Holding Secured Claims - If you are stopping a foreclosure

4. B21 - Statement of Social Security Number

Step 2: Retrieve this form and complete:

Verification of Creditor Matrix

This varies from district to district greatly. Some areas it's not even required.

Step 3: Retrieve this form and complete:

Matrix

You will also have to provide a "matrix" which there may not be a specific form for, but which your specific district court will give instructions as to the format. The matrix is just a list of creditors on a blank page. Some bk courthouses have a computer set up so that the filer can input the info there, and they often require a hardcopy and a floppy disk copy.

Step 4: credit counseling :

IMPORTANT - READ: As per the Bankruptcy Reform Act of 2005 you are required to complete a pre-bankruptcy counseling session with an approved credit counseling agency prior to filing.

This is mandatory whether you file a Chapter 7 Bankruptcy or Chapter 13 Bankruptcy.

There is a form found on your local bk site that you fill out confirming the counseling class was taken.

In an emergency case, you can apply to take the class after the filing, but you must show cause or reason why you could not take it before you file.

Step 5: Filing your Emergency Bankruptcy Petition

*Must be filed prior to foreclosure sale time if saving your house.

Many districts have more than one court, therefore you will need to research your district to see which court you are required to file in - they divide the courts by counties in your district and if you are unsure just call the court clerk and ask. Again, this needs to be done prior to the scheduled foreclosure sale time. Therefore, if the sale time is scheduled for 09:30 in the morning, you file, and the court stamps the file time at 09:31 in many states you have lost your home. Even if there is not a buyer the house will be surrendered to the lender and in many states with no recourse to get it back.

Your Bankruptcy Petition will be dismissed after 15 days (calendar days, not business days) if you do not supply the court with the remainder of your bankruptcy documents. By law you will not be allowed to file again for 6 months thereby allowing the foreclosure to commence again so you must either continue with your bankruptcy or have other means at your disposal for stopping the foreclosure from starting again.

Wow, thank so much for all that Goudah. Would you happen to know what the rest of the forms are if you have no assets (cars or house) just your own income

Good info goudah...this helps me alot in preparing my sister's bk paperwork.

I know what is required in my district . . . . But that may not be the same for you.

One nice thing about doing the emergency bk route is that when you file the emergency petition, the BK court clerk will give you a list of all the other documents you will need to file.

What was due in my district after filing the above emergency petition was:

Summary of Schedules (official Form #B6)

All Schedules A - J

Signed Unsworn Declaration to Schedules

Signed & Fully completed Statement of Current Monthly Income (#B22A for Chapter 7, #B22C for Chapter 13) This is the "Means Test"

Statement of Financial Affairs (Form B7)

Individual Debotors 11USC 521 Statement of Intentions (Form 8)

Exhibit C

You have to file the same forms even with no house or car.

It just makes it so much easier, since you can just check a box saying there are no secured claims and no real property.

If you are doing this on your own, please be very careful. If you mess up, the case can be thrown out and you cannot refile for 6 months.

Check your local bk courthouse website, or call them and ask them any questions you may have about which forms to use. The Federal BK site has all the forms, but many of them have been altered for different districts and are only available on your local districts bk site.

my chapter 7 was dismissed as incomplete and my one small building went to trustee sale 3 days after the chapter 7 was dismissed here in california, what about a waiting period before the sale.

have you talked to your attorney?

Thank you for all your help.
No attorney was involved, I filed the chapter 7 myself. do i have any recourse that you are aware of?

Does Los Angeles County emergency bankruptcy court accept checks as a form of payment?

Preparing someone elses paperwork is a Federal Offense. By law you can only copy her hand-written data onto forms. I definitely wouldnt broadcast this. Some things are better left unspoken.