Attorney Ryan Hackett |
When you file bankruptcy there is a LOT of information to
gather. Sometimes people need time to
get everything that is needed to their bankruptcy attorney to file.
But what happens when they don’t have the time? For example their payroll needs a case number
by noon to stop a garnishment, and they are still trying to gather all of the
necessary documents their attorney requested. Or, they have a foreclosure set
for the following day that they are trying to stop?
Fortunately the Bankruptcy Courts in Oregon and Washington
allow debtors to file what is called an “emergency” or “skeleton” bankruptcy.
This type of filing requires very little information. You really just need your
name, address and social security number listed on the petition. You also need
the credit counseling certificate (which you can get online in about an hour by
completing a required course). Ideally you would want all of your creditors
listed, but you can also add them later if needed.
The emergency filing will give you the exact same case
number as you would get if you had filed a complete petition. It will stop
garnishments, foreclosures and repossessions just as if you had filed a
complete case.
After the emergency petition is filed the Court will issue
an Order requiring the remaining documents and schedules to be filed within 14
days.
An emergency or skeleton filing can be a good option if you
need immediate relief to stop a garnishment, repossession or foreclosure. Our
office has experience in filing emergency cases. We prefer to file the full petition instead
of a skeleton petition, but we realize that in certain circumstances our
clients need to get a case number ASAP.
For more information about our firm and for Oregon and
Washington bankruptcy information visit www.pacificbankruptcy.com
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