Emergency bankruptcy filings are sometimes a necessity. No one wants to file for bankruptcy. However, sometimes it is the best move for your financial situation. Sometimes, the situation requires that you file bankruptcy right away! Circumstances like those our Las Vegas debt relief firm call Emergency Bankruptcy Filings. Bankruptcy provides you are protected from creditors as the Automatic Stay comes into play immediately and all collection action must cease.
Las Vegas Bankruptcy Law Firm Offers Bankruptcy Filings for Emergent Situations
Contact our Las Vegas bankruptcy lawyer to find out how our Nevada bankruptcy attorneys can use Emergency Bankruptcy services to stop a trustee sale or foreclosure sale, wage garnishments, bank account liens, and other disruptive financial or real estate activities by declaring bankruptcy on your behalf with short notice. Filing for bankruptcy in Nevada is also helpful in stopping eviction from a residence by an owner or landlord.
In situations where bankruptcy is the last minute action to stop such collections activities, our attorneys have successfully helped hundreds of clients who have found themselves in an “Emergency” type of situation by utilizing our debt relief services. If you are looking to stop a trustee sale, stop a bank account lien, or get rid of a wage garnishment; consider filing for bankruptcy protection before it is too late.
Filing Emergency Bankruptcy to Stop Bank Account Lien in Nevada
Upon granting a judgment to your creditor, they may take action to apply a lien on your bank account. Also, creditors can even levy your bank account to take funds right out of the account. Bankruptcy can stop this collection activity before it happens. An automatic stay will freeze any collection activity. Filing bankruptcy can discharge the debt so that the collection will not happen in the future.
Emergency BK Filing to Stop Foreclosure in Henderson and Las Vegas
Trustee sale or foreclosure sale are seemingly out of your control. However, you can take back control of the situation by filing a bankruptcy. And, at the same time, stop any other collection activities and discharge your debt.
A filing for bankruptcy protection, grants an automatic stay from the bankruptcy filing. The automatic stay is in effect upon filing of a bankruptcy and can stop a foreclosure sale from happening. Our Las Vegas and Henderson bankruptcy lawyers can usually stop a foreclosure sale even if the sale date is the next day. That being said, it is not advised to wait until the last minute. Don’t wait until it is too late. Notify us as early as possible to stop your foreclosure sale.
Emergency Bankruptcy to Stop Wage Garnishment in Henderson and Las Vegas
You can stop a garnishment after it has started. Even if you have an active wage garnishment that is regularly taking place, you can still stop any further collection from your paycheck by filing a bankruptcy. Therefore, if your active wage garnishment has not yet begun, you can stop the collection from your paycheck before distribution of any funds. Thus, don’t let any of your hard earned money go to waste in a wage garnishment. Filing bankruptcy in Las Vegas will immediately stop a wage garnishment as the automatic stay will go into place.
Emergency bankruptcy is an expedited bankruptcy filing process that allows you to file a “skeleton petition” with the bare bones of your case and receive bankruptcy petitions while you prepare the rest of your petition. When you file both Chapter 7 and Chapter 13 bankruptcy, the Automatic Stay automatically goes into effect. The Automatic Stay freezes your assets and protects against collection from your creditors.
One of the most common reasons our clients need to file an emergency bankruptcy is because they are about to face a garnishment from one of their creditors. Once a creditor has secured a judgment against you, they can go to the court to request a writ to garnish your wages or bank account. Bank creditors will usually garnish the judgment directly from your bank account, but most other creditors will garnish about 25% of your wages until the debt is satisfied. The Automatic Stay stops garnishments until the case is discharged or dismissed, giving the petitioner more income to spend on bills, bankruptcy costs, and more.
Emergency bankruptcy is also commonly used to stop vehicle repossessions and home foreclosures. Creditors who proceed with these forms of collection in spite of the Automatic Stay will face sanctions.
You will need to provide your attorney with your driver’s license and social security card for your emergency petition, and these are also mandatory at your 341 Meeting of Creditors. If you don’t have a driver’s license, your passport or other government-issued form of identification will suffice. You should provide an original W-2 if you don’t have your social security card as it should include your social security number. Your attorney will be using this information not only to draft your petition but likely to also pull your credit report.
Because you still need to state which chapter you are filing under in an emergency petition, you will need to provide income information to show that you qualify. Your attorney will need your paystubs or other proof of income for the previous six months, as well as your spouse’s, if applicable. If you have other income, like rental income or a side gig, you will need to provide six months of these records as well.
Your attorney will likely have some forms or a packet for you to fill out before your petition is filed. Some of this information is basic and necessary for filling out the skeleton petition, like your address and former names. It will also likely outline your financial situation in general, from your property, income, any past repossessions and lawsuits, student loan debts, etc.
The court deadline to submit your full petition is 14 days. However, if you are represented by an attorney, they have other clients and obligations- so waiting until the final hour to complete your petition is unadvisable. Many attorneys will give you 7 days after the emergency petition is filed to submit the rest of your documentation so the attorney has 7 days to draft the petition and review it with you before it is filed.
If you don’t submit the rest of your petition within the 14 day deadline, your case faces dismissal. Your case can also be dismissed if you don’t submit your course completion certificate, there are errors on your petition, you don’t qualify for the chapter under which you filed, and more. You will need to file to reopen your case once it has been dismissed. The fee to reopen a Chapter 7 is $245 and for a Chapter 13 is $235. Your attorney may also charge extra fees to reinstate your case if your case was dismissed out of your own negligence.
When you file any chapter of bankruptcy, you will need to complete two online credit counseling courses. Just like with a standard bankruptcy filing, your first credit counseling course needs to be completed before your emergency petition is filed. If you have your emergency filing planned in advance, don’t wait until the day of to complete your course. You may experience technical delays or other issues that render you incapable of completing the course, and your petition will be dismissed if it is filed without the accompanying course completion certificate. As with a typical bankruptcy filing, you will have 60 days from your 341 Meeting of Creditors to complete your second credit counseling course and file the course certificate.
You will receive a standard notice from the court that your case is not completely filed. This is standard procedure and not cause for panic. This memo is separate from a notice of dismissal, and your case should still be active. At this point, you should be working on or already have completed the rest of your petition.
You should check with your bankruptcy attorney if they charge extra for a skeleton petition filing. Your court filing fee for a Chapter 7 bankruptcy in Nevada is $335, and for a Nevada Chapter 13 bankruptcy will be $310. Your legal representation fees can vary based on your geographic location, your attorney’s expertise and reputation, the complexity of your case, and other factors. Some bankruptcy attorneys require payment in full before even the skeleton petition can be filed, while others may offer post-filing payment plans.
If you’re looking for expert representation with competitive rates and payment options, call our firm to schedule your initial consultation. Learn which chapters you qualify for and more about the process in general, as well as receive a quote for services, and payment plan options for qualified individuals. The initial consultation is at no cost and no obligation to you. Our Las Vegas Bankruptcy Attorneys have same day appointments, so stop struggling with debt and call today!
Regardless of your situation, there is usually something that can be done. If you currently have a wage garnishment, stop the garnishment before they take any more of your earnings. Also, if you are currently dealing with a house foreclosure, file an emergency bankruptcy and stop the sale of your family home. In situations where a bankruptcy filing is needed immediately it can happen through what our Las Vegas and Henderson bankruptcy attorneys call an emergency filing.
Offering Free Emergency Bankruptcy Consultations in Las Vegas
Our Las Vegas bankruptcy attorney offers free consultations. Call now (702) 370-0155. We offer either in office or phone consultations, your choice. We can explain the bankruptcy process. Let us show you what bankruptcy can do for you based on your own, personal situation. In just one consultation, we’ll listen to your financial situation, offer solutions, and explain the bankruptcy process. Our Nevada debt relief team is here to answer your questions.
Customer service is priority #1. We want you to be confident in our services and know Erik Severino as he will be your attorney as you plan on filing bankruptcy in Henderson and Las Vegas. Erik is an experienced bankruptcy lawyer and has filed thousands of successful Nevada bankruptcies.
We are a debt relief agency according to the U.S. Bankruptcy Code. We help people file for bankruptcy.