Partly through my fault and partly because some things were lost in the mail, I'm facing a foreclosure in the next couple of weeks. The bank says I get no more time and I should be prepared to go. In this situation will an emergency bankruptcy filing work? Do I have enough time to do it, especially if I'm doing it myself without a lawyer? I can't see getting a bankruptcy lawyer now given that I don't have enough money to even pay my mortgage. Thanks for your help.
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The Editor, Mark Bernardin, is an attorney living in MA. Please send your suggestions or comments to: TheEditor@malawforum.com
Disclaimer
The answers and information provided on this site are for informational purposes only and are NOT substitutes for professional legal advice. Before making legal decisions, you should discuss your specific circumstances with an attorney.
Emergency Bankruptcy petition
Whether you file an emergency bankruptcy or a standard bankruptcy, you are going to have to collect and organize a pile of documentation in a relatively short period of time. For chapter 7 or chapter 13, that documentation can include 50 to 60 pages of information, including a creditor list, an assets list, information about your income for the past 3 years, etc. You also need to get your credit counseling certificate. However, obtaining the credit counseling certificate does not take long, and it can be done over the phone. With an ordinary filing, all of the required information is usually filed with the petition.
In cases like yours, where the debtor needs help fast, such as to stop a pending foreclosure, he can file an emergency petition, which will include the first two pages of the petition plus the credit counseling certificate. The catch is that you still have to collect all the other documentation and file it within 15 days. For this reason, and because you are facing foreclosure, I honestly feel your best bet is to talk to a bankruptcy attorney. Most offer free consultations. Believe me, you are not the first person to wonder if he can afford to hire a bankruptcy attorney. However, after looking at all your debts and income information, the attorney may be able to take steps that not only improve your financial situation, but also allow you to pay for her services.
More to your point, the attorney will be able to tell you if you have enough time to file a traditional bankruptcy or should go with the emergency filing. Just as importantly, whichever method you use, the attorney will be able to help identify the required documentation so you can collect it in a timely manner. Having said all that, the answer to your question is that debtors are allowed to represent themselves at bankruptcy court. But it may not be a good idea in unusual or rushed circumstances, as when your house is on the auction block. Good luck.