Explain what an emergency filing is. In which types of situations is an emergency filing warranted and what do most district courts require to be filed in these instances?

What will be an ideal response?


Some situations might lead a debtor to file an emergency filing when a debtor needs the protection of the Automatic Stay but cannot wait longer than a day or two for all the forms and schedules to be filed. The emergency filing is a last-resort type of filing and is done when the debtor is facing immediate foreclosure, trial for a debt collection case, or an imminent eviction. An emergency filing requires the debtor to file the petition and a master list of known creditors along with their addresses. In some courts, the debtor must also file a Statement of Social Security Number and a Certificate of Credit Counseling from an approved credit counseling agency. Emergency filings are sometimes referred to as bare-bones or skeleton filings.

Legal Studies & Paralegal

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