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Why I Probably Won’t Take Your Emergency Bankruptcy Filing (And Why I Might)

emergency bankruptcy filingsAn emergency bankruptcy filing is often chaotic. More important, it’s likely to fail.

Sometimes you get into a tight spot and are looking at an imminent foreclosure, repossession, eviction, execution sale, tax levy, or utility shut-off.

When I say imminent, I mean it’s going to happen in a matter of hours.

I sympathize with your plight. But before you decide to contact me, you should read my thoughts on emergency bankruptcy filings.

Emergency Bankruptcy Filings Are Difficult

When you file for bankruptcy, you’ve got a lot of responsibilities. Documents need to be turned over, numbers crunched, and decisions made in fairly rapid succession.

Miss a document, drop the ball, forget a deadline and you’re out of luck. The court will dismiss your case and send you packing.

As a lawyer, my job is to keep you out of the fire. In order to do that, I’ve got to have every single document at my fingertips before we file your bankruptcy case.

Your emergency situation makes it likely that you don’t have everything at the ready.

That could be a problem for your bankruptcy case – and a problem for me.

Emergency Bankruptcy Filings Are More Expensive

If you come to me asking for help on an emergency basis, expect that I’m going to charge you more money than would otherwise be the case.

After all, I’m going to have to take people from different tasks to get them to help you. I’m going to need to work later as well, largely because I’ve got to handle the work of other clients while also working on your bankruptcy filing.

My supply of waking hours is diminished due to your demands. In purest economic terms, I’ve got to resort to what I call “premium pricing.”

How To Get Me To Handle Your Emergency Bankruptcy Filing

If you want me to represent you in an emergency bankruptcy case, you need to be prepared. Here’s what you’re going to need to do:

  1. call me with at least 2 full working days in advance of the emergency (foreclosure sale date, etc.);
  2. have all of your documents in order;
  3. be prepared to talk with me for at least two (2) full hours during the day, during which time you will remain completely uninterrupted;
  4. have your credit counseling certification completed within ten (10) hours of our initial conversation;
  5. be prepared to drop everything and come to my office to sign your bankruptcy papers without complaint; and
  6. be prepared to drop everything and come to my office again seven (7) calendar days later to sign your remaining bankruptcy schedules without complaint.

Is this difficult? Yes it is.

Can I help? Possibly.

Will I work with you if you’re absolutely organized and willing to put as much into your emergency bankruptcy filing as do I? More likely than not, yes.

Once again – is this difficult? Yes it is.

Image credit:  xcode

By |July 8th, 2013|

About the Author:

I've been a consumer protection lawyer since 1995, working to help people end their bill problems. I'm a faculty member at the Student Loan Law Workshop, a nationally recognized speaker, and a long-time member of both the National Association of Consumer Bankruptcy Attorneys and National Association of Consumer Advocates.
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