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Emergency Bankruptcy Lawyer
An emergency bankruptcy is a type of bankruptcy filing that aims to speed up the process of filing for bankruptcy in order to halt creditors and bill collectors from pursuing debts owed by the borrower. An individual can file an emergency bankruptcy – also referred to as a skeleton bankruptcy under Chapter 7 and Chapter 13. In some instances, businesses may also file for emergency bankruptcy under Chapter 11.
Emergency bankruptcies are filed in cases where receiving an automatic stay is crucial. The automatic stay acts as an injunction that prohibits creditors from pursuing debt collection activities even before the necessary documents for a complete bankruptcy are met. If you are looking to file an emergency bankruptcy, having the help of an experienced New Jersey emergency bankruptcy lawyer is important. At Straffi And Straffi, Attorneys At Law, our team of skilled New Jersey bankruptcy attorneys provides quality legal assistance to individuals and businesses seeking to file an emergency bankruptcy and receive an automatic stay to creditor claims. We can also assist in determining which types of debt can be discharged in bankruptcy, such as medical debt.
To learn more about how we can help you, call us today at (732) 341-3800 to schedule a free consultation.
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Emergency bankruptcy, also known as “skeleton” or “bare-bones” bankruptcy, is a quicker process of filing for bankruptcy protection to prevent imminent financial actions such as foreclosure, repossession, or wage garnishments. The primary purpose of an emergency bankruptcy filing is to provide debtors with immediate relief from their current financial distress.
Some types of collection actions that can be prevented by an emergency bankruptcy include the following:
Once the emergency petition is filed, the automatic stay provision found in the U.S. Bankruptcy Code comes into effect, which bars creditors from taking any collection actions against debtors. Emergency bankruptcy is critical for people struggling with severe financial issues who need prompt protection from their creditors in order to regain control over their finances.
The primary difference between regular and emergency bankruptcy filings lies in the speed and thoroughness of the process. A regular bankruptcy filing requires the debtor to submit a full set of documents, including the bankruptcy petition, schedules, and statement of financial affairs. This comprehensive process can take a considerable amount of time due to the amount of paperwork involved.
On the other hand, emergency bankruptcy filing necessitates the submission of only a few critical forms, thus hastening the process. Once the emergency bankruptcy petition is filed, the debtor has 14 days to submit the remaining required documentation. Failure to do so may result in the dismissal of the bankruptcy case.
However, it is essential to note that emergency bankruptcy offers temporary relief and should not be considered a complete solution to financial problems. Despite the expedited process, the debtor must still work through the entire bankruptcy procedure and participate in mandatory credit counseling and debtor education courses, as they would in a regular bankruptcy case.
Emergency bankruptcy filings are available under Chapter 7 and Chapter 13 of the U.S. Bankruptcy Code.
Chapter 7 bankruptcy, also known as “liquidation” bankruptcy, entails the sale of non-exempt assets by a court-appointed trustee to repay creditors. Eligible debtors who have little to no disposable income can obtain debt relief within a few months under this filing. Once the bankruptcy is discharged, the debtor is no longer liable for most unsecured debts.
Chapter 13 bankruptcy, or “reorganization” bankruptcy, is designed for debtors with regular income who can afford to repay a portion of their debts through a court-approved repayment plan. This type of filing enables debtors to retain their assets, such as their home or car, provided they adhere to the approved repayment plan, which typically lasts between three to five years.
Debtors who wish to file for emergency bankruptcy must meet specific criteria, which vary depending on the bankruptcy chapter they are filing under.
For Chapter 7 emergency bankruptcy, the debtor must pass the Means Test, which compares the debtor’s income to the state median income to determine whether they have the financial means to repay their debts. If the debtor’s income falls below the state median, they are generally eligible for Chapter 7 bankruptcy. The income requirement applies to the number of persons in the applicant’s household. In 2023, the monthly median income for New Jersey for a one-person household is $6,991.50 which translates to an annual median income of $83,898.00.
Chapter 13 emergency bankruptcy requires the debtor to demonstrate that they have sufficient income to cover a portion of their debts in the proposed repayment plan. Additionally, the debtor must not have secured or unsecured debt that exceeds the Chapter 13 debt limits established by the Bankruptcy Code. The limit for combined secured and unsecured debt is $2,750,000 to the date of filing for bankruptcy relief.
Furthermore, debtors seeking emergency bankruptcy relief must attend credit counseling from an approved agency within 180 days before filing their petition. This step is crucial in determining whether bankruptcy is the appropriate solution for the individual’s financial circumstances.
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Compared to a regular bankruptcy filing, an emergency bankruptcy filing is more time-sensitive. It is important to carefully adhere to the requirements of filing bankruptcy to avoid the possibility of the petition being dismissed.
The first step in an emergency bankruptcy filing is submitting the necessary forms and petition file documents to the bankruptcy court. In New Jersey, this involves completing and submitting the following forms:
You must also include a certificate that you have undergone sufficient credit counseling related to the bankruptcy filing. In addition to these forms, a filer must also pay the required filing fee or submit a request for a fee waiver or installment plan. The cost of filing a Chapter 7 is $338 while the fees for a Chapter 13 costs $313. Depending on your circumstances, it is also possible to waive the fees by filing an Application to Waive Filing Fee with the court.
Once you complete the submission of the aforementioned forms and pay the filing fee, an automatic stay will be granted provided that the forms are filed correctly. The automatic stay stops your creditors from pursuing further collection actions against you and provides temporary relief from foreclosures, evictions, wage garnishments, repossessions, and more.
Creditors will receive notice of the bankruptcy filing and automatic stay from the court, usually within two business days. However, if there are imminent collection actions, you or your attorney can notify the creditor directly to halt the action.
After the emergency filing, you have 14 days to submit the remaining required bankruptcy documents, including the following:
Failure to submit these documents within 14 days may result in your case being dismissed, so it is essential to gather this information quickly.
Approximately 30 days after submitting all required documents, you will be required to attend a meeting of creditors, also known as a 341 meeting. During this meeting, a bankruptcy trustee will review your submitted documents and ask questions to understand your financial situation better. Any statements made during the meeting and any questions answered should be done so truthfully under threat of perjury. Creditors may also attend and ask questions regarding any assets or any questions regarding the administration of the case. Despite the name, creditors are not required to attend the 341 meeting and do not waive any rights to claim on a debtor’s debt with their non-attendance.
It is essential to attend this meeting, as failure to do so may result in your case being dismissed.
Depending on your specific circumstances and the chapter under which you filed for bankruptcy, you may be required to attend additional hearings in court. For example, if you file under Chapter 13, you will need to attend a confirmation hearing where the judge will either approve or deny your proposed repayment plan.
You must continue making payments, as required by your payment plan, and stay in constant communication with your attorney and trustee throughout the bankruptcy process.
Upon successful completion of all required steps and meetings, and after addressing any creditor objections or court concerns, the bankruptcy court will issue an order discharging your eligible debts.
It is crucial to remember that not all debts are dischargeable in bankruptcy, and some debts may survive the process. Examples of non-dischargeable debts include student loans, certain tax debts, and child support or alimony.
After the court issues the discharge order and closes your case, you can begin focusing on rebuilding your credit and moving forward with your financial life.
Filing for emergency bankruptcy can have a lot of benefits for debtors who are in a vulnerable financial situation. However, it is not a universal solution to financial problems. Before you make any decisions, consulting an experienced New Jersey bankruptcy attorney is important. Our team of skilled attorneys at Straffi And Straffi, Attorneys At Law can conduct a comprehensive evaluation of your case, help you understand your options, and assist you in making an informed decision.
Contact us today at (732) 341-3800 to schedule a consultation.
Recovering from bankruptcy can be a lengthy and challenging process. After the emergency phase is over and your bankruptcy has been discharged or dismissed, you must begin the process of rebuilding finances. There are several considerations to keep in mind during this time, as you work to restore your credit rating.
One of the most significant challenges that you will face post-bankruptcy is rebuilding your credit. After bankruptcy, it is crucial to start rebuilding your credit as soon as possible to achieve financial stability in the future.
To begin the process of rebuilding credit, start by regularly checking your credit report to ensure that all of the information is accurate and up-to-date. You should also monitor your credit score regularly to track your progress.
Consider applying for a secured credit card or a loan to begin rebuilding your credit. A secured credit card requires an upfront deposit that acts as your credit line, allowing you to demonstrate responsible credit use by making on-time payments and maintaining low balances.
Additionally, make sure to always pay your bills on time and in full, as late or missed payments can damage your credit score. If you are unable to pay a bill, reach out to the creditor to work out a payment plan or deferment before the due date, as this can help prevent negative marks on your credit.
Review your budget regularly and work towards reducing your debt, as lower balances will improve your credit utilization ratio, which is a significant factor in determining your credit score.
After bankruptcy, it is essential to establish healthy financial habits to prevent future financial difficulties. Begin by creating a budget that includes all of your monthly expenses, as well as saving for emergencies and other financial goals.
Take the time to review and adjust your budget monthly, ensuring that you continue to live within your means and work towards achieving your financial objectives.
Develop a savings plan to build a financial cushion that can protect you from future financial emergencies. Set aside a portion of your income each month to contribute to an emergency fund, and consider establishing separate savings accounts for specific financial goals, such as buying a car or going on vacation.
Furthermore, educate yourself about personal finance and money management. There are numerous resources available online and in print that can help you learn about saving, investing, and managing your money effectively.
Bankruptcy can have long-lasting effects on your financial life. Even after your debts have been discharged, the bankruptcy will remain on your credit report for up to 10 years, depending on the type of bankruptcy you utilized, affecting your ability to obtain favorable credit terms.
It is crucial to understand that bankruptcy is not a simple solution to wipe away your financial problems. It is a significant decision that should be made with careful consideration and as a last resort.
Over time, as you build positive credit history and maintain responsible financial habits, the impact of your bankruptcy on your credit score will diminish. However, it is essential to remain vigilant in your financial practices to avoid any potential future financial setbacks.
Individuals seeking to apply for bankruptcy are not required to have an attorney when filing bankruptcy. However, having the help of an attorney can bring a lot of benefits when dealing with bankruptcy. Emergency bankruptcy attorneys in New Jersey have knowledge and experience in dealing with the complex laws and procedures surrounding bankruptcy filings. They are well-versed in the unique requirements of each type of bankruptcy, such as Chapter 7, Chapter 11, and Chapter 13. This experience allows them to efficiently navigate the intricacies of the legal process to help you achieve the best possible outcome.
When you need to file for bankruptcy on an urgent basis, an emergency bankruptcy attorney can handle your petition with remarkable speed and precision. Bankruptcy attorneys are adept at managing the tasks required for a last-minute filing, including gathering relevant records, preparing the necessary paperwork, and securing court approval.
An emergency bankruptcy attorney can provide clear direction on the specific documents and information required for your case. They understand the importance of collecting accurate data and presenting it in the appropriate format. By assisting you in gathering essential records like tax returns, pay stubs, and mortgage statements, they can ensure a smoother filing procedure and prevent unforeseen complications.
The process of filing for bankruptcy can be riddled with pitfalls and errors that can lead to severe consequences. An experienced emergency bankruptcy attorney can help you avoid these issues by meticulously reviewing your paperwork and guiding you through each step of the process. By catching and rectifying any errors or inconsistencies, they can help you obtain the financial relief you desperately need without unnecessary delays.
Perhaps the most valuable service provided by emergency bankruptcy attorneys is their representation in court and their ability in dealing with creditors. They can develop well-reasoned arguments for your case, advocate for your best interest in court, and negotiate with creditors to secure the most favorable outcome possible. Additionally, once you retain a bankruptcy attorney, creditors are required to communicate with your lawyer rather than contact you directly. This can provide much-needed peace of mind during a difficult time.
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We Are Here To Help You
Contact us to schedule a free legal consultation so we can discuss your case together.
Having the help of a skilled attorney can be helpful regardless of the stage of filing you are in. If you are just starting to collect information on how to file for bankruptcy and which type of bankruptcy would suit your case, an attorney can conduct a careful evaluation of your financial situation, recommend the appropriate chapter, and assist you in filing the necessary paperwork.
A skilled attorney can also provide guidance and support as you navigate complex financial situations, such as renegotiating loan terms, defending against creditor harassment, or resolving tax disputes.
At Straffi And Straffi, Attorneys At Law, we provide comprehensive legal assistance to New Jersey residents seeking to file for bankruptcy. Our team of experienced New Jersey emergency bankruptcy lawyers can help ensure that your rights are protected and that you are well-prepared to manage any potential challenges. Our attorneys have a proactive approach that aims to help you maintain financial stability and continue on the path to a healthy and successful financial future.
To schedule a consultation, contact our office today at (732) 341-3800.