Can I File Bankruptcy on a Holiday?

08 Oct Can I File Bankruptcy on a Holiday?

Yes, you can file for bankruptcy 24 hours per day, seven days a week, 365 days a year, even on a holiday. I just filed a case for a client today on Columbus Day. But don’t expect to find a bankruptcy attorney on a holiday to file your case that day, most take holidays off.

Bankruptcy cases are filed electronically in most Bankruptcy Courts over the internet using the Court’s case management electronic case filing system (CMECF). Only an internet outage or a court computer system failure stops bankruptcy case filings.

Cases can still be filed the old fashioned way with paper and ink in emergency situations even though electronic case filing is mandatory for attorneys in most courts. The bankruptcy court is always open and the judge or the clerk must accept a petition wherever you find them. It had better be a true emergency, though, before you track down a bankruptcy judge or clerk outside the courthouse.

We file most of our cases after regular office hours when the daily hubbub has quieted. Many of our case timing strategies require filings on weekends or holidays. Using your broadband laptop card, you can file a case from the beach or an airplane if you want. The virtual bankruptcy office never closes.

While many attorneys file bankruptcy cases during off hours at night, on weekends and on holidays, clients should not expect to meet with their bankruptcy attorney after regular business hours. Working up new cases requires piles of documentation and paperwork making last minute filings impractical, if not impossible.

Remember the old saying, Lack of Planning on Your Part Does Not Make an Emergency on My Part.

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Jill Michaux has helped Kansas consumers with debt problems for three decades. She and her partner, Mark Neis, are Topeka's only bankruptcy specialists, board certified in consumer bankruptcy law by the American Board of Certification. She help start the National Association of Consumer Bankruptcy Attorneys.
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