Emergency Bankruptcy Attorney

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Best Emergency Bankruptcy Lawyer In Arcadia

It is well-established that most bankruptcy filings are preceded by a thoughtful and deliberate planning phase, which often spans several weeks or even months. However, in some instances, difficult circumstances require an emergency filing, which entails the submission of the petition within a five-day window from the initial consultation with legal counsel. The importance of practicality must be balanced, as all relevant documentation must be prepared with utmost care and precision, leaving no room for error or oversight. Such prompt and meticulous attention to detail is essential to successfully navigating the complex bankruptcy process.

Mohajer Law Firm, APC, understands how debt can make financial stability feel impossible. Whether you are facing a foreclosure or want guidance on how to proceed with bankruptcy options, our Arcadia bankruptcy lawyer Sina Mohajer has the experience to assist with your debt relief. 

What is Emergency Bankruptcy?

Emergency bankruptcy is a type of filing that must be made quickly to halt an impending creditor action. It’s also called a “skeletal filing” since it contains only the minimal necessary details needed to start the bankruptcy process, normally triggering an automatic stay of collection proceedings if creditors are about to garnish wages, seize property or foreclose on a home.

Emergency bankruptcy filings require the debtor to submit a basic petition and list of creditors to the court. They must also submit proof that they have completed credit counseling within 180 days before filing all remaining forms and schedules.

It’s essential to note that emergency bankruptcy filings are only available under certain conditions and only replace careful planning and preparation after filing for bankruptcy. Therefore, consulting an emergency bankruptcy lawyer in Arcadia before filing should always be your top priority.

What Is An Emergency Bankruptcy Filing in Arcadia?

An emergency bankruptcy filing by your top bankruptcy lawyer in Arcadia typically involves the submission of a “barebones” petition, commonly in the form of a Chapter 13 case, aimed at preventing home foreclosure. This streamlined approach is often employed to reinstate a contractor’s license, which may have been suspended following a judgment against an entity affiliated with the licensee. The barebones filing serves as an expedited and effective means of addressing urgent legal concerns, focusing on prompt resolution and protecting the individual or entity’s rights. 

Common Reasons for An Emergency Bankruptcy

Some common reasons for filing an emergency bankruptcy include:

  • Foreclosure: If a debtor faces foreclosure proceedings, an emergency bankruptcy filing can initiate an automatic stay, much like a temporary restraining order, that stops the foreclosure proceedings immediately.
  • Wage Garnishment: If a debtor’s wages are being garnished, an emergency bankruptcy filing can stop the garnishment and help the debtor recover some of their garnished wages.
  • Repossession: If a debtor’s property, such as a car or furniture, is in danger of repossession, an emergency bankruptcy filing can stop the repossession process and help the debtor recover their items.
  • Eviction: If a debtor faces eviction, an emergency bankruptcy filing can halt the process and give them more time to find alternative housing.
  • Lawsuits and Judgments: If a debtor faces litigation or judgment, an emergency bankruptcy filing can end the legal proceedings and may even discharge the debt.

Plan Your Emergency Bankruptcy

  • Evaluate Your Financial Situation: Take a close look at your finances and assess if an emergency bankruptcy filing is your best course of action. Consult with a financial advisor or an affordable bankruptcy lawyer in Arcadia for further advice.
  • Gather Necessary Documents: Gather all required documents, such as pay stubs, bank statements, and tax returns, before filing for emergency bankruptcy.
  • Completing a credit counseling course: Before filing for bankruptcy, completing a credit counseling course and receiving a certificate of completion is mandatory. Make sure you fulfill this requirement.
  • Hire a bankruptcy lawyer in Arcadia: Working with a bankruptcy lawyer near you is essential to help guide you through the process and identify what’s best for your circumstances.
  • Once you have all the necessary documents and have finished taking the credit counseling course, file your emergency bankruptcy petition with the court.
  • Attend the 341 Meeting of Creditors: Once your petition is filed, it’s essential to attend the 341 Meeting of Creditors. At this gathering, a trustee appointed by the court will ask questions about your financial situation.
  • Complete Required Bankruptcy Courses: As part of the bankruptcy process, you must take additional courses, such as a financial management class.

Contact Our Top Bankruptcy Lawyer in Arcadia For Further Assistance

Finding a bankruptcy lawyer with expertise and experience is essential when filing for bankruptcy. Ensure your chosen attorney understands the process and can offer guidance and support. Mohajer Law Firm boasts an experienced team of Arcadia bankruptcy lawyers specializing in this area and has demonstrated success when helping their clients through the procedure. If you’re considering filing, it could be worth exploring their services and setting up a consultation to discuss your options. So call us today at (626) 569-5200 or fill out our contact form and have your case evaluated by our team of experts.

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Frequently Asked Questions (FAQs)

How much does a bankruptcy lawyer cost in Arcadia?

The cost of a bankruptcy lawyer in Arcadia can vary widely depending on factors such as the complexity of your case and the attorney’s experience and location.

Is bankruptcy debt forgiven?

Bankruptcy can forgive debt in certain instances, though not all debts are dischargeable. Debts may be forgiven depending on the type of bankruptcy filed and the individual circumstances of the debtor.

How does bankruptcy in Arcadia work?
In Arcadia, bankruptcy is governed by federal law. Individuals and businesses can file for bankruptcy protection under Chapters 7 or 13 of the Bankruptcy Code.
How long does bankruptcy last in Arcadia?
In Arcadia, the duration of a bankruptcy case depends on the type filed. Chapter 7 usually takes three to four months to complete, while Chapter 13 can last anywhere from three to five years, depending on the repayment plan. Once this process is over, individuals or businesses may be eligible for fresh starts financially.
Do you need a lawyer to file bankruptcy?
Working with a leading bankruptcy attorney in Arcadia is highly recommended to protect your rights, ensure all necessary documents are filed correctly, and to maximize the advantages of the bankruptcy process. They can also offer invaluable guidance on which type of bankruptcy works best for your particular circumstance, how to handle any potential legal issues that may arise, and how to minimize its effect on credit score.