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I Filed A Chapter 13, now what?

I Filed A Chapter 13, now what?

It is not uncommon that a client will come in with an upcoming foreclosure or repossession.  Depending on the timing of the foreclosure, an emergency petition may be required. An emergency petition is basically a partial petition filed to stop a repossession or foreclosure. The court then gives a period of time to file the remainder of the petition for the Chapter 13 bankruptcy.

In order to file the emergency petition there is still documentation that is required by our office BEFORE anything can be filed:

  • Proof of social security number
  • Photo identification
  • Last filed tax return
  • Proof of income (Paystubs or other financial statements)
  • Credit counseling certificate

Additional documentation may also be required depending on the specific case. Upon receiving these documents the attorney can prepare the emergency petition for the client to review and sign. The filing of this emergency petition stops any pending foreclosure or repossession. That means the client is now done and has nothing to worry about right? WRONG!!  There is still an extensive amount of work that needs to be done before the petition is complete and ready for filing.

Often times, clients make the mistake of thinking that because the foreclosure or repossession was stop, that they can now ignore the remaining things that need to be done to complete the bankruptcy. This is a huge mistake. If the completion of the petition is not filed by the deadline laid out by the court, the case will be dismissed. If the case is dismissed, the creditor that was trying to repossess or foreclosure on the client’s property is not free to try to do so again.

There are strict rules that must be followed to comply with the bankruptcy code. Your attorney can help in this process by making the client aware of deadlines for documentation etc. but certain information must be provided by the client in order for the petition to be properly completed. Frequent contact with your attorney until the completion is filed is important and meeting all deadlines is a crucial part of the process to making sure that your case is not dismissed, that your bankruptcy is successful and that your property is protected.

The process of a bankruptcy 13 bankruptcy is complex and should be handled by an experienced bankruptcy attorney. If you are interested in filing bankruptcy contact our office for a free consultation.


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