Can I file an emergency petition and then slow the process?

[TomTea31]

If so how? Will it effect automatic stay? I am working on the case this weekend but I'd like more time to get a great packet together if at all possible. Thing is I really need to file asap, as in like yesterday! So I was wondering if it were possible to file an incomplete packet and then wait the allotted time before I have to amend? Maybe forget something else to have to amend again to push it out a tiny bit?

Ideally I need the automatic stay asap but would like to stall my case as far into March as possible. Is this even a possibility, and if so, what are my options? How would I go about doing this?

Appreciate your help!

[AngelinaCat]

You can file an emergency, bare bones petition. That will get you your case number and Automatic Stay protection. But then you have 15 calendar days--not business days--to get the rest of your petition done and turned in. If you don't, your case will be dismissed. I am not sure how long you will have to wait until you can refile. It may be 30 days, and /or you may only get the Automatic Stay back for 30 days. I don't have my Ch7 book handy, and I have to leave for a couple of meetings this morning. I don't know when I will get back to the board.

Good wishes!

[justbroke]

As already stated, there are timelines and deadlines. You can't "slow" down a bankruptcy. It has a natural progression. A Chapter 7 bankruptcy is meant to be discharged in 90-120 days from filing (period). (The discharge can be entered 60 days after the first scheduled 341 Meeting of the Creditors. That meeting is generally scheduled 30 days after filing.)

You MUST get your paperwork in on time or your case will be dismissed under 11 USC 521 (Debtor responsibilities).

Now you have me interested in just what you're trying to delay. If it's foreclosure, that will be delayed at least 30 days by filing. In many cases, it totally disrupts the process and the delay can be several months or more -- depending on State non-bankruptcy law and where you were in the process.

[HHM]

You will only have 14 days after the filing of the emergency petition to file everything else. If at that point, the petition is not complete, automatic dismissal. There is no way to "stretch it out" by "forgetting" something else on that 14 day window.

It would be more helpful if you explained the urgency...my sense is, you are not wanting to see the BK through to the end...that is a BAD strategy.

[TomTea31]

I wanted to slow the process because I am moving and did not want the apartments to know I filed. We were already approved and I already paid our deposits. After talking to a couple lawyers it looks like I just leave them off the matrix anyway because we don't live there yet and they are not one of my debtors. So I think I should be ok. Let me know if I'm mistaken.

However, I need to get something in asap because I will have my license suspended if I don't. Long story short, I was in an auto accident in sept. Had no insurance (I know, stupid, but I won't ever make that mistake again), and now owe A LOT to the other party. I tried to make payment arrangements and the company was not having it. They want their money and I have no means of paying it. So I need to file asap. I know this is a discharable debt as it wasn't criminal it was just a accident. I was at fault only because it was my car who hit them. No drugs or alcohol played in the accident. Anyway, I have a brand new job that requires me to drive. I lose my license then I will lose my job So that's why I wanted to file an emergency petition.

[TomTea31]

You will only have 14 days after the filing of the emergency petition to file everything else. If at that point, the petition is no complete, automatic dismissal. There is no way to "stretch it out" by "forgetting" something else on that 14 day window.

It would be more helpful if you explained the urgency...my sense is, you are not wanting to see the BK through to the end...that is a BAD strategy.

I REALLY wish you would not always assume the worse. You do not know me or my situation. I have seen other posting from you to other people and they are just as rude. Why so judgmental? Seriously it doesn't help me at all to hear you say I don't want to see my case through to the end. How is that helpful advice?

[mountanddo]

My apartment complex isn't aware that I filed bankruptcy and I didn't put their name on any paperwork, just my address and that I rent. Are you having to put them on because you gave them a deposit? I guess I never thought to put my apartment deposit on my bankruptcy and I suppose it could be considered an asset but no one said anything to me about that.

A lot of people ask questions but don't put the whole situation down in the first post. This leads to speculation because it is difficult to answer posts without knowing all the facts. It's frustrating sometimes *I'm sure I do it too* to try to drag out exactly what the posters intentions are without knowing the whole story.

[justbroke]

I wanted to slow the process because I am moving and did not want the apartments to know I filed. We were already approved and I already paid our deposits. After talking to a couple lawyers it looks like I just leave them off the matrix anyway because we don't live there yet and they are not one of my debtors. So I think I should be ok. Let me know if I'm mistaken.

I don't know what you're trying to do at all. If you have a lease and you don't reject it, but stay in the apartment and keep renting, that could become problematic. It has been argued that your staying and paying is an assumption or at least the landlord is entitled to an administrative claim.

So, are you staying in the apartment or not? Or, are you using the bankruptcy solely to discharge the judgment?

If you're moving from the apartment, have an unexpired lease, and the lease ends soon anyhow, you can still assume the lease and see it through the end. I don't know why you'd be worry about that. Unless... you're trying to break the lease which is another story altogether.

The reason why you will receive certain responses is because wanting to "slow down" the process is almost exclusively asked by people trying to abuse the automatic stay. That's why I also asked just what are you trying to delay. There should absolutely be no reason to "delay" things in a bankruptcy where you are seeking to discharge debt. In fact, most people want it over! They want their discharge and the bank to take back their home!

[TomTea31]

I don't know what you're trying to do at all. If you have a lease and you don't reject it, but stay in the apartment and keep renting, that could become problematic. It has been argued that your staying and paying is an assumption or at least the landlord is entitled to an administrative claim.

So, are you staying in the apartment or not? Or, are you using the bankruptcy solely to discharge the judgment?

If you're moving from the apartment, have an unexpired lease, and the lease ends soon anyhow, you can still assume the lease and see it through the end. I don't know why you'd be worry about that. Unless... you're trying to break the lease which is another story altogether.

The reason why you will receive certain responses is because wanting to "slow down" the process is almost exclusively asked by people trying to abuse the automatic stay. That's why I also asked just what are you trying to delay. There should absolutely be no reason to "delay" things in a bankruptcy where you are seeking to discharge debt. In fact, most people want it over! They want their discharge and the bank to take back their home!

Maybe delay wasn't the right word to use. The situation was this. I gave notice to my current landlord that I am moving. Everything is good there. I was approved for the apartment we are moving into but we were not moving until the 23rd (we're now moving on the 5th instead). I thought that somehow the new apartment would find out we are filing and not let us move in. But according to the lawyers I've talked to, I don't need to worry because I would not put them on the matrix anyway. Bottom line is I do not want the new apartment complex to know I'm filing. I don't care if my current one knows, but I'd prefer that he didn't. I'm not adding them to my claim as I do not owe them money. Our rent is current. Hopefully that clears it up for you. I'm prob over thinking things as usual.

[TomTea31]

My apartment complex isn't aware that I filed bankruptcy and I didn't put their name on any paperwork, just my address and that I rent. Are you having to put them on because you gave them a deposit? I guess I never thought to put my apartment deposit on my bankruptcy and I suppose it could be considered an asset but no one said anything to me about that.

I didn't realize that I did not need to list them on the matrix until I spoke with some lawyers. I've been going back and forth on doing this myself or hiring someone. I spent a good amount of time doing the paperwork last night and completed 25 of the 60 page petition. I think at this point I'll just go it alone. I do not have much "consumer" debt, only 2 credit cards total less than 1k. So I don't think I'll have issues with my debters appealing or whatever it's called.

[justbroke]

I understand Tom. That clears it up for me. You would not list the new apartment complex anyhow, since that "lease" was not entered into until you actually sign and get the keys. In any event, many attorneys don't list apartment complexes on the Matrix unless the debtor was breaking the lease through a rejection of the lease.

Best wishes.

[TomTea31]

After talking to my husband about this I decided it would probably be best to bite the bullet and hire an attorney. don't get me wrong, I really think I would have been able to do it pro se. Issue is I'm worried that the insurance company is going to give me hell and I think it's best to have an attorney on my paperwork that's experienced with this situation.

Good news is I found one I like and his fee is reasonable. Just wanted to check in and tell you all what's up. I did nearly finish the entire petition though!

[MSbklawyer]

After talking to my husband about this I decided it would probably be best to bite the bullet and hire an attorney. . .

You made the right decision. Just don't choose your attorney based on fee costs alone.

[TomTea31]

The attorney I chose is in the middle bracket of what the fees are around here. From calling around it was $500-$3500 for a basic chap 7 (their words, not mine). This guy is around $1100 base fee but goes up depending on the case. He's not exactly down the street from me so it's going to be a struggle to make it work with my work schedule but I like him so I'll figure it out.

[AngelinaCat]

I am glad you decided to go with an attorney. Depending on the particulars that the insurance company is going after, they can be very real piranhas. My BIL was involved in an accident that was not his fault, but the person in the opposing car claimed all kinds of accident related health issues. The opposing car's insurance company, went after BIL's insurance company--then when not happy with BIL's insurance settlement offer, went after BIL himself, thinking he had very deep pockets. BIL is terminally ill and was living in an Assisted Living Facility at the time. (No his health was not a factor in the accident.) But BIL was put through almost two years of HELL for something not his fault.

BIL's Insurance company finally nailed the attorney on the opposing side and got the matter settled.

Good luck to you, and please keep us posted.