Using Bankruptcy to Halt Creditors-Modesto Attorneys

When you file for bankruptcy you get immediate federal protection from your creditors. With few exceptions, creditors can’t garnish, lien, levy, foreclose, etc., until your case is over or they get permission from a judge. In order to file a valid bankruptcy petition you must have copies of your pay stubs, tax returns, bank statements, credit card statements, along with filled out questionnaires. So, what happens when you have to file right now because your house is foreclosing tomorrow? Our Modesto attorneys at the law office of Ben Roberts can file for bankruptcy without all the forms as long as we have your credit counseling class and a filled out credit form. The credit class can be done online in less than an hour and the credit form is supplied by our office.

Why Filing an Emergency should be a Last Resort-Modesto, Lawyers

When you file an emergency bankruptcy petition the court gives you 15 days to get all of your information turned in. If you don’t get your information filed, then it is possible your bankruptcy petition will be dismissed. Don’t let this deter you from filing an emergency bankruptcy petition. If you must file it, then by all means go ahead. Just make sure you get our Modesto lawyers at the law office of Ben Roberts all the appropriate information ASAP. That means don’t wait until the 14th day!

Missing Your 15 day deadline-Attorney Modesto

What happens if you don’t get all of your information in on time and your case gets dismissed? You can simply re-file your bankruptcy petition, but the only problem is that your “automatic stay” protection will be limited to 30 days, unless the judge decides to extend it. When you file for bankruptcy you get automatic protection until your discharge, unless a creditor gets “relief from stay.” If you file a second bankruptcy petition within a year of having a bankruptcy dismissal, your stay protection is limited to 30 days. If you want more time you will have to motion the court and get approval.