Emergency Bankruptcy Filings In Orange County, FL: How To Act When Time Is Running Out

In this article, you will discover:

• What justifies an emergency bankruptcy petition in Florida.
• How quickly you can file an emergency petition and receive relief.
• Whether you can submit an emergency petition if you don’t have all your paperwork completed.

What Situations Qualify As An Emergency Bankruptcy Filing?

Emergency filings are overrated. There are no circumstances under which you can’t file an emergency petition. In fact, anybody can file an emergency petition at any time.

What are the circumstances under which an emergency petition is usually used? Sometimes, people wait until the last second, when they’re in foreclosure, their car is being repossessed, or their wages are being garnished. They want to stop the process as soon as possible. However, if someone uses an emergency petition multiple times to stop foreclosure, eventually the court will tire of that kind of abuse because it happens all the time.

If you file an emergency petition, you have two weeks to complete that petition. If you don’t complete it and file the rest of the documentation, the case will be dismissed.

If you complete your filing, it truly does not affect your case. It’s just an easy, helpful tool for attorneys and self-filers to use when they’re in a time crunch, because bankruptcy is a very involved process with a lot of paperwork.

The emergency petition consists of:

• Voluntary Petition for Individuals Filing for Bankruptcy
• Creditor Matrix (a list containing only the names and mailing addresses of all creditors)
• Statement About Your Social Security Numbers
• Certificate of Credit Counseling (proof of completion from an approved credit counseling agency) or a request for a waiver

If you file those four forms, you can get a case number.

An emergency petition is a valuable tool for preventing something from occurring. Mainly, it’s used in foreclosure, eviction and repossession cases to prevent property from being seized.

How Quickly Can I File An Emergency Bankruptcy Petition?

As long as you have the documentation and complete the credit counseling class, you can file an emergency petition and receive an injunction the same day.

The whole point of an emergency petition is to obtain a case number as soon as possible. The required case number will be issued automatically.

Once the petition is filed correctly, you can then show the foreclosure court or car lender that you have a bankruptcy case number, and they must stop what they’re doing.

Can I Submit An Emergency Petition Even If I Don’t Yet Have All My Paperwork Ready?

The emergency petition is a skeleton filing. Your schedules don’t need to be ready because they aren’t part of an emergency petition.

However, if you don’t have the basic documentation required for a skeletal filing, you may not be able to obtain a case number. Some courts and clerks will give you leeway on the class certificate, and a creditor matrix is so basic that you can do it incorrectly and correct it later.

While the voluntary petition and social security number statement must be filed correctly, you may receive leeway on the other issues.

Do You Assist Clients Who Seek Last-Minute Help With An Emergency Filing?

I don’t generally help people who want to file Chapter 13 and wait until the last day to file. I’m a solo practitioner. I don’t have the time or the inclination to stop something that quickly, and generally speaking, they don’t have the funds to pay for this kind of work.

If you knew you had a sale date and told me the day before, I’ll always give you advice, but I won’t take your case. I’ve helped some people in an emergency with a Chapter 7 filing. If it’s a Chapter 13 filing, I probably won’t take the case, because you didn’t give me enough time to process the information.

Generally speaking, if it’s an emergency, I’m probably not going to take your case, but I will tell you how to file it and what documents are required.

If Somebody Can’t Afford Representation For Bankruptcy, Is There Any Kind Of Hardship Fund Or Program For Someone At Risk Of Losing Everything?

There are always legal aid clinics. You can call the Legal Aid Society in your county. In some counties, they handle bankruptcy.

In Central Florida, we have the Bankruptcy Pro Se Clinic, which I’ve been volunteering for since its inception 14 years ago. “Pro se” means you represent yourself.

This clinic is designed to help you get advice and have your questions answered by attorneys for cases you’re working on yourself. We’re not going to take your case, but we’ll answer any questions you have. Sometimes we’ll even review documentation to make sure everything looks good.

My goal in most situations where someone calls me and needs help is to put them in a better spot. I can’t always do that, but the vast majority of the time, I can. If I can’t take a case for any reason, I’ll put you in a position to get help.

If you need to file quickly, the legal aid route won’t work. The next step is to represent yourself. I’ll send you an email with a link to the specific page of the court’s website where you can file on your own. That page has the forms and instructions for what to do before, during and after the case.

I will also list the documents you must file and a link to the Bankruptcy Pro Se Clinic. This clinic is one you should definitely utilize if you have questions. Many attorneys, including me, volunteer for it.

Not everybody can afford a bankruptcy attorney. If you’re practicing bankruptcy law, you should understand that and still want to help people to some extent.

Still Have Questions? Ready To Get Started?

For more information on emergency bankruptcy petition filings in Orange County, FL, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (407) 255-7458 today.