Emergency Filing

Most bankruptcies are filed after careful planning and preparation usually lasting several weeks. In some cases, careful and proper planning can last months, or even years.  An emergency filing generally refers to any bankruptcy that needs to be filed in 5 days or less from the time that you first consult with your attorney.  Time is of the essence.  Every document must be prepared quickly yet meticulously and with absolute precision.

Emergency Bankruptcy Filing in San Diego, California

In order to file an emergency bankruptcy filing in California, your San Diego bankruptcy lawyer will file what is called a "barebones" petition, usually a Chapter 13 barebones case, which is frequently used to stop foreclosure of your home. A barebones filing is also common used for reinstating a contractors license that has been suspended after a judgment has been entered against a company that is connected to you by way of an associated contractors license. 

Barebones Filing

A barebones filing means that your attorney will file just the bare bones, or merely the skeletal structure of your bankruptcy, and then within 14 days of your emergency bankruptcy filing your attorney will file the "balance" of your bankruptcy, consisting of the Schedules and Statements, with the court.  This is referred to as the Balance of Schedules.  The Balance of Schedules is the meat that fills in the skeletal structure filed at the time of your emergency bankruptcy filing.

Emergency Filing Checklist

Before Bankruptcy Legal Center can prepare your emergency filing, we will need the following 9 items:

    1.   Credit Counseling.  Certificate of completion of Credit Counseling.

    2.   Personal Information. We need the following:

          Your full name 

          All names used in the last 6 years (married, maiden, and trade names)

          Your residence address, including City, State and Zip Code

          Your Social Security Number

  3.   Prior Cases. If you filed bankruptcy in the last 8 years, provide:

           The location (district) where the case was filed.

           The case number.

           The filing date.

  4.   Related Cases. For any bankruptcy in last 2 years by a spouse, partner or affiliate:

            The name of the person or entity that filed bankruptcy.

            The location (district) where the case was filed.

            The case number.

            The filing date.

   5.   Creditor Report. Complete a Credit Report Authorization.

   6.   Creditors. Provide a list of the names and addresses of all of your creditors.

   7.   Notice of Default. Provide a copy of any Notice of Default for a foreclosure.

   8.   Notice of Sale. Provide a copy of any Notice of Sale, setting a trustee sale date.

   9.   Cost. Provide payment in certified funds in the amount requested by your lawyer.

All of the foregoing items are required in order for Bankruptcy Legal Center to be able to assist you with an emergency filing in San Diego, California.

Generally Better to File Sooner

Though we can certainly help you with an emergency bankruptcy filing in San Diego County, we discourage such filings if they are avoidable.  You will have the best results if you consult with a San Diego bankruptcy attorney as early as possible so that your lawyer has the maximum amount of time to prepare.  Like most things in life, the sooner you act the better you can prepare.  You can generally expect to obtain the best results with more time to prepare before you file.