Future.

If you are in debt, financial difficulties may exacerbate your debt problems and leave you with no choice but to file for bankruptcy. In the heat of the moment, you may be tempted to file for emergency bankruptcy to get immediate reprieve. While an emergency bankruptcy filing may help, it is often a complex process with demanding requirements.

What Is an Emergency Bankruptcy Filing?

Emergency bankruptcy is a type of bankruptcy that allows for immediate reprieve from debts. It differs from normal bankruptcy filings in that the debtor only has to file the minimum required files to get the court to grant a stay order halting collections from creditors. In normal bankruptcy filings, one has to follow the entire process laid out in law, which can take months.

Requirements for an Emergency Bankruptcy Filing

Although the exact number of documents may vary depending on the specific court, below are the minimum documents you need to present when filing for emergency bankruptcy:

• A core bankruptcy petition. Everyone filing for bankruptcy has to complete the Voluntary Petition for Individuals Filing for Bankruptcy (Form 101). While filing for emergency bankruptcy, you only need to fill in the core information. This typically includes personal information and an indication of the Chapter of bankruptcy you wish to file for (7 or 13).
• Creditor information. You need to provide a detailed and comprehensive list of all your creditors, including their names, addresses, and amounts you owe them.
• Social Security Number Disclosure. In most cases, an SSN Disclosure, also known as Form B121, is also required when filing for bankruptcy. The form is meant to verify your identity and credit report.
• Proof of credit counseling completion. Some courts also require a certificate showing you completed a credit counseling program at a government-accredited center.

Notably, the above documents will help you get creditors off your back. However, you still need to provide additional documents and information on your finances within the specified period to avoid invalidation of your filing.

Looking for an Experienced Attorney? 

At O’Brien Law Firm in Southaven, MS, we can help you file for emergency bankruptcy. Call us today to book a free consultation with our bankruptcy lawyers.