Emergency Bankruptcy Filings

by Jay Fleischman, Esq.

April 20, 2008

Sometimes a person needs to file bankruptcy right away to stop a foreclosure, repossession, eviction, execution sale, tax levy, or utility shut-off. The Bankruptcy Rules allow the debtor to initiate a bankruptcy case by filing only the three page petition. A list of creditors (Schedules D,E, and F) should also be filed – even if they are incomplete.

The remaining forms and schedules required by the Bankruptcy Code must be completed and filed with the court within fifteen (15) days of filing the petition. The court may further extend this deadline if good cause is shown and an application to extend has been filed with the court. Notice of the application for extension must be served on the Trustee and the U.S. Trustee in the case. If the additional forms and schedules are not filed, the case may be dismissed.

Also, the Debtor needs to have completed a credit counseling session before filing the bankruptcy.

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Jay S. Fleischman is a bankruptcy lawyer with offices in Los Angeles and New York. He can often be found on Google+ and Twitter, where he shares information about consumer protection issues and personal finance.

Last modified: April 20, 2008