Emergency Bankruptcy Filing

When to File an Emergency Petition

An emergency (or "bare bones" or "skeleton") petition is filed when there is an imminent threat that requires the automatic stay immediately. Common scenarios:

• Foreclosure sale scheduled -- The sale is days away and there is no other way to stop it
• Wage garnishment active -- Your employer has been served and your next paycheck will be garnished
• Repossession imminent -- A creditor has threatened to repossess your vehicle
• Eviction lockout -- A sheriff's eviction is scheduled
• Utility shutoff -- Power, water, or gas is about to be disconnected

What a Skeleton Petition Contains

At minimum, you need to file:

• The Petition (Form 101) -- with your name, address, and chapter
• A list of creditors (names and addresses) -- so the court can send notice
• The filing fee (or a fee waiver application)
• Your credit counseling certificate (if you already have one)

You do NOT need to file your schedules, statement of financial affairs, means test, or other documents at the time of emergency filing. But they must follow within 14 days.

Credit Counseling Timing

You normally need to complete credit counseling before filing. But in an emergency, you can request a temporary waiver by filing a certification that exigent circumstances merit a waiver and that you requested credit counseling but were unable to obtain it before filing. You then have 30 days to complete it.

Risks of Emergency Filing

• Dismissal risk -- If you cannot complete all required documents within 14 days, the case is dismissed
• Accuracy concerns -- Rushing through forms increases the risk of errors, omissions, and inconsistencies
• Stay limitations -- If you are a repeat filer, the automatic stay may be limited under Section 362(c)(3) or (c)(4)