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Emergency Bankruptcy Cases

Yes, filing an emergency bankruptcy case will immediately stop foreclosure, repossession, levy of bank accounts and wage garnishments. As soon as the bankruptcy case is filed the automatic stay takes effect. Filing a chapter 13 case can also allow you to pay back missed mortgage payments or car loan payments over the life of the chapter 13 plan making it affordable to catch up and keep your home or car. Please give us a call at 510-574-7320 to schedule a free consultation and find out if an emergency bankruptcy case is right for you.

Fremont Bankruptcy Office

2450 Peralta Blvd.
Suite 219
Fremont, CA 95421

Toll Free: 1-877-9NEW-LIFE
Fax: 510-576-6742

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Hopefully there will be enough time to file a complete and accurate bankruptcy petition before the scheduled foreclosure sale, vehicle repossession, levy or start of a wage garnishment. If not then we will file what is called a skeleton petition. This refers to filing the minimum forms to get the case started, initiate the automatic stay, and save your house or car. We will then have 14 days to the complete the petition or the case will be dismissed. The 14 day deadline can be extend by filing a motion to extend this deadline but it is not preferred. You also must complete the credit counseling course prior to the emergency bankruptcy case being filed. The credit counseling course costs as little as $8.75 and will take about two hours and is online. A certificate of completion is issued that must be filed with the bankruptcy petition. This is probably the number one problem with many skeleton petitions that are filed on an emergency basis. A non-attorney advises someone to file for bankruptcy protection but fails to know or tell you to also complete the credit counseling course and file the certificate of completion with the filing. They will also provide some form motion to try and get the court to waive or suspend the requirement to complete the credit counseling course and this is rarely done properly or successful. The emergency bankruptcy case is then dismissed in about 14 days and little relief if any is obtained. Some non-attorneys charge thousands of dollars for this poor advice and providing basic forms. They also do not tell you that you are only entitle to an unlimited automatic stay in the first bankruptcy case you file and any other case filed in close succession will only have a 30 day automatic stay if another case is filed to actually get you the relief the Bankruptcy Code provides. We run into this time and time again and it is very frustrating. In the second bankruptcy case we properly file will now have to file a motion to extend the 30 day automatic stay and there is no guarantee the automatic stay will be extended by the court. Filing the motion to extend the automatic stay is also an additional cost.

If your house is in jeopardy of being foreclosed or car repossessed the last thing you need is added stress and costs to save your property. Our goal is to help you save your property by filing an emergency bankruptcy case with a little stress as possible and getting the relief the law, the Bankruptcy Code, provides you.

The emergency bankruptcy case will most often be a filing under chapter 13 of the bankruptcy code when filing an emergency bankruptcy case in Fremont, Union City, Newark and Alameda County. The reason is chapter 13 is the reorganization chapter available for most individuals to save a house or car when there are missed payments. The chapter 13 plan spreads out the missed payments over the term of the plan, normally 60 months or five years, to make paying back the missed payments affordable and reasonable. For example: if you have $60,000 in missed mortgage payments the chapter 13 plan would allow you to pay $1,000 a month to pay them back over the 60 month chapter 13 plan. You will also have to begin to pay the normal contractually due monthly mortgage payment each month as well. This all starts the month after the emergency bankruptcy case under chapter 13 is filed. The next month is when you have to start the paying the normal mortgage payment again plus the chapter 13 plan payment even though the chapter 13 plan is not confirmed or approved yet. Yes, the chapter 13 plan has to be confirmed or approved by the court to make it final. This is all part of the process of filing a chapter 13 bankruptcy case though and usually if there are not significant issues to address the chapter 13 plan is confirmed or approved in about three to four months after the case is filed. Note that no creditor can do anything more once the chapter 13 case is filed though. They must participate in the bankruptcy process whether they like it or not. That is the entire point of filing for bankruptcy protection. You will be forcing a set of terms on your creditors according to the law, the Bankruptcy Code, and as long as your plan meets the requirements to be confirmed or approved there is very little your creditors can do about it. Our job is to make sure that happens and why you should count on our experience having filed countless chapter 13 cases to save homes from foreclosure, cars from repossession, stopping bank levies and wage garnishment from ever happening.