When a foreclosure sale, wage garnishment, or vehicle repossession is hours or days away, an emergency bankruptcy filing can stop it immediately. Here is how it works in the Southern District of New York.
An emergency bankruptcy filing (also called a bare-bones or skeleton petition) is when you file just the petition and a few required documents to get an immediate case number and activate the automatic stay. You then have 14 days to file your remaining schedules and documents. This is used when you need to stop a foreclosure sale, repossession, or wage garnishment immediately.
An emergency (or "bare-bones") bankruptcy filing lets you activate the automatic stay immediately by filing just a minimal petition. You then have 14 days to complete the rest of your paperwork.
File Official Form 101, a creditor matrix (list of creditors with addresses), and your credit counseling certificate. This can be done electronically through the S.D.N.Y. system.
The automatic stay takes effect the instant the petition is filed. Creditors must stop all collection, foreclosure, and garnishment activity.
File your full schedules, statement of financial affairs, means test, and all remaining documents within 14 days or the case may be dismissed.
The Southern District of New York has courthouses at One Bowling Green, Manhattan and 300 Quarropas Street, White Plains. Electronic filing is available 24/7 through the court's CM/ECF system.
Even in an emergency filing, your New York exemptions protect your property. New York allows you to choose between state and federal exemptions. The state homestead exemption ranges from $179,975 to $215,550 depending on your county, and the vehicle exemption is $4,825.
If you had a bankruptcy case dismissed within the past year, the automatic stay from an emergency filing only lasts 30 days (11 U.S.C. section 362(c)(3)). Two or more prior dismissals means no stay at all without a court order. Check your eligibility with the 1328(f) screener.
An emergency bankruptcy filing (also called a bare-bones or skeleton petition) is when you file just the petition and a few required documents to get an immediate case number and activate the automatic stay. You then have 14 days to file your remaining schedules and documents. This is used when you need to stop a foreclosure sale, repossession, or wage garnishment immediately.
An emergency bankruptcy can be filed the same day you decide to proceed. The S.D.N.Y. courthouse accepts filings electronically, and the automatic stay takes effect the moment the petition is filed. If a foreclosure sale is scheduled for tomorrow, filing today will stop it.
At minimum you need the petition (Official Form 101), a list of creditors with addresses (the creditor matrix), and your credit counseling certificate. You have 14 days after filing to submit your full schedules, means test, and other required documents.
If you fail to file the remaining schedules and documents within 14 days, the court will dismiss your case. This means the automatic stay goes away and creditors can resume collection actions. You may also face restrictions on refiling.
Yes. The automatic stay under 11 U.S.C. section 362 halts all foreclosure proceedings the instant the petition is filed. New York uses judicial foreclosure with a mandatory settlement conference, which takes 12-18 months, so you often have time to plan. But if a sale date is imminent, an emergency filing can stop it.
Use our free screener to check whether prior filings affect your eligibility or stay protection.
Free Discharge Screener Automatic Stay GuideRelated New York Bankruptcy Resources
You May Also Find Helpful