If you were just slapped with a notice of a bank levy, a wage garnishment, or served with a lawsuit, you might be wondering about your options. In these cases, an emergency bankruptcy filing may be appropriate.
Typically I work with my clients over 2-4 weeks to prepare their bankruptcy case for filing. However, in cases where there is a pending wage garnishment or bank levy, my office can turn a case around much faster.
In fact, my office can file an emergency bankruptcy case in as little 6 hours after initial contact with the client.
By filing immediately, a wage garnishment or a bank levy can be stopped in their tracks. This prevents your creditors from taking any money directly from your paycheck or bank account.
As with most bankruptcy filings, an emergency bankruptcy will also halt all court cases that are pending. If bankruptcy is appropriate for your financial situation, filing a case will stop court actions by your creditors. This can save you time and money, and there is no need to wait until a lawsuit goes to judgement in order to file bankruptcy.
Sometimes an emergency bankruptcy filing is called a “skeleton petition” by the Bankruptcy Courts and the Trustees. In essence, an emergency bankruptcy is just the first few pages of the typical bankruptcy petition.
Once filed, the debtor and the debtor’s attorney have 14 days to complete the rest of the bankruptcy paperwork. This condensed time frame can be very intense for both the debtor and the attorney. Despite the rush, it is very important to get the remaining bankruptcy paperwork 100% right.
If you have been served with a notice of a bank levy or wage garnishment, it is important that you not wait until the last minute to file your emergency petition. Payroll departments and the Sheriff’s office need sufficient notice in order to stop pending wage garnishments and bank levies. This is why you often hear my office say the same thing over and over: “don’t delay!”
If you need to file an emergency bankruptcy case in Sacramento, please call Rick Morin at (916) 333-2222.