An Emergency Bankruptcy Filing Can Stop Aggressive Collection Actions Today

December 15th, 2008 by Reed Allmand

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As we have noted often on this blog, many debtors wait to the absolute last moment to file for bankruptcy. Many debtors who should have filed bankruptcy years ago find themselves facing garnished wages, seized bank accounts, repossessed cars and even home foreclosures. But even if a debtor waits until the very last minute to file bankruptcy, the bankruptcy laws allow the debtor to start a bankruptcy case by filing only the 3 page petition with a list of creditors (even if the list is incomplete).

This is a very quick process; we’re talking a few days at the most. Once this 3 page petition is filed, it will stop aggressive collection action against a debtor immediately. The bankruptcy law allows the debtor to file the remaining forms and schedules within 15 days after filing the bankruptcy petition. In some cases the bankruptcy court may even extend the 15 day deadline if it deems it reasonable and necessary.

Do not try to file the bankruptcy petition yourself, because if it is done incorrectly your bankruptcy petition could be dismissed. Speak with a bankruptcy attorney immediately regarding an emergency bankruptcy filing to stop pending foreclosures, wage garnishments and other aggressive collection practices.

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About Reed Allmand

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Allmand's vision is rooted in his own financially precarious childhood in Abilene "My father always had difficulty holding a job and supporting our family, so after my parents divorced when I was 12, my sister and I got jobs to help make ends meet," he recalls. "I remember what it felt like as a child to worry that our car would be repossessed or home foreclosed on."

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Why do I need to submit a new wage order when I modify my plan

When we modify your bankruptcy plan we are changing your plan payments. This means that we have to get with your employer and change the terms and amount of your wage order. The only way we can do that is by filling out a new wage order form.  

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If the bankruptcy stay terminates on your home that means that even though your in bankruptcy, your creditor can pursue all there legal remedies they can pursue if you were not in bankruptcy. This includes foreclosure, and having your house sold and evicting you from your house.

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