How To File an Emergency Bankruptcy Case (and What Happens Next)

What Is an Emergency Bankruptcy Filing?

An emergency bankruptcy filing, sometimes called a bare-bones or skeleton bankruptcy filing, is a way to start a bankruptcy case quickly. 

Instead of submitting the full bankruptcy petition with all the required forms, you file just a few essential documents. This gets your case into the bankruptcy court system and puts the automatic stay in place.

📌 The automatic stay temporarily stops things like foreclosure, repossession, and wage garnishment.

People usually file an emergency bankruptcy when they're facing a serious and urgent financial situation, such as being sued or a looming wage garnishment order. 

Filing an emergency bankruptcy case gives you a little extra time to gather the rest of your documents while getting temporary protection from collection efforts, but it also comes with some drawbacks, which we discuss later in this article.

When Do People File Emergency Bankruptcy?

Emergency bankruptcy filings are usually a last-minute step people take when something serious is about to happen. 

Here are some of the most common reasons people choose to file an emergency bankruptcy:

• A foreclosure sale is coming up and you’re about to lose your home

• You're facing eviction and need more time to find a solution

• Your car is about to be repossessed and you need it to get to work

• A chunk of your paycheck is being taken because of wage garnishment

• You've been hit with a debt lawsuit or have a court date you weren’t expecting

These situations are urgent and stressful. Without taking action, you could lose your home, your car, or part of your income. 

🛑 An emergency bankruptcy filing can stop these — at least for a while — so you have a chance to get help, gather the rest of your documents, and take the next step toward relief.

How the Automatic Stay Works in Emergency Filings

When you file an emergency bankruptcy case, one of the first things that happens is the automatic stay goes into effect. This is a powerful protection under bankruptcy law that stops most collection actions right away. In many cases, it puts an immediate hold on things like foreclosure, repossession, wage garnishment, and lawsuits.

If you're facing an emergency situation, this pause can give you some much-needed breathing room. It can stop the most urgent threats so you have time to finish your bankruptcy paperwork and figure out your next move.

That said, the automatic stay isn’t permanent. If you’ve filed for bankruptcy in the past year, the protection might only last 30 days, or it could be denied altogether in some cases. And even when it’s fully in place, it doesn’t erase your debt. It just puts collection efforts on hold while your case moves forward.

For many people, though, that temporary break is exactly what they need to stay in control during a really stressful time.

What You Need To File an Emergency Bankruptcy Petition

To file an emergency bankruptcy case, you don’t need all the paperwork upfront, but there are a few things you do have to submit. These include:

• The voluntary petition (Form 101)

• A statement of your Social Security number (Form B121)

• A list of creditors with names and addresses (this is called a mailing matrix)

• A certificate of credit counseling or a request for a waiver

• The filing fee, or a request for a fee waiver or payment plan

You’ll also need to make sure the forms are correctly filled out and submitted to the right bankruptcy court. If you’re not sure where to file, you can find that information on the U.S. Court’s website or by contacting the court clerk at your local bankruptcy court. 

What Happens After You File a Skeleton Bankruptcy Case?

After you submit your emergency paperwork, the bankruptcy court will give your case a number. That case number means your filing is official. It’s also what triggers the automatic stay.

🚨 It can take several days for creditors to receive official notice from the court about your bankruptcy filing. That’s why some people choose to call the creditor directly, especially if they’re trying to stop something urgent like a wage garnishment or foreclosure.

This First Step Matters, But There’s More

But the emergency (or “skeleton”) filing is only the first step. 

⏱️ After you file you have just 14 more days to finish the rest of your bankruptcy paperwork. That extra time can be a lifesaver, but it goes by fast. If you don’t turn in the full set of forms by the deadline, the court can dismiss your case.

The full packet includes more details about your financial life, including:

• How much you earn and spend each month

• What debts you owe and who your creditors are

• What property you own, including your home, car, and other assets

• Your financial history, going back up to 10 years

• Any credit card balances or personal loans

• Proof that you’ve completed the required credit counseling course

These forms help the court understand your full financial situation. They also play a big role in figuring out whether you qualify for Chapter 7 or Chapter 13 bankruptcy, and how your debts will be handled from there.

Filing the emergency petition is a big step, but it’s only the beginning. Getting the rest of your documents in on time is what keeps you moving toward a financial fresh start.

Chapter 7 vs. Chapter 13 in Emergency Filings

You can file an emergency petition under either Chapter 7 or Chapter 13 of the bankruptcy code, but the process and outcomes are different.

• Chapter 7 bankruptcy is known for wiping out most unsecured debts, like credit card bills or medical debt. To file for Chapter 7, you must pass the means test, which looks at your income and household size.

• Chapter 13 bankruptcy sets up a repayment plan that usually lasts 3–5 years. People who have a steady income often choose this chapter because it lets them catch up on missed mortgage or car payments while keeping their property.

The emergency filing process is the same for both chapters, but it’s a good idea to understand which type of bankruptcy fits your situation before you file. Many people file Chapter 7 without hiring a lawyer, but most Chapter 13 filers seek legal advice from an experienced bankruptcy attorney. That’s because Chapter 13 lasts so much longer and is more complicated due to the required repayment plan.

If you want some legal advice specific to your case, Upsolve can help you set up a free consultation with a local attorney.

Paying the Filing Fee: Options if You Can’t Pay Upfront

Bankruptcy does come with some costs. The Chapter 7 filing fee is $338, and the Chapter 13 fee is $313. If you’re in a tough financial spot, you have a few options:

• You can ask the court to let you pay the fee in installments

• You can request a fee waiver if your income is very low (only for Chapter 7 filings)

The court decides whether to approve your request based on your income and expenses. If you don't pay the fee or get approval to delay or waive it, your case might be dismissed.

What Are the Risks of Filing an Emergency Bankruptcy Case?

Filing an emergency bankruptcy can give you quick relief when time is running out—but it’s important to know what you’re signing up for. A skeleton filing doesn’t come with the same preparation time as a full case, so it’s easy to overlook something important. 

‼️ While many people successfully use this option to stop urgent issues, there are some real risks to keep in mind. Here are a few things that can go wrong if you’re not careful:

• Missing the 14-day deadline: You have just 14 days to file the rest of your bankruptcy forms. If you don’t, the court may dismiss your case.

• Getting blocked from refiling: If your case is dismissed, the court may limit your ability to file again right away — especially if it believes the system is being misused.

• Forgetting important information: In a rush, it’s easy to leave out creditors, assets, or financial history, which can cause delays or complications.

• Losing out on protections: You might miss opportunities to protect your property or qualify for a better chapter if you haven’t had time to plan.

• Feeling more stressed later: Filing fast can bring short-term relief but leave you scrambling later if you’re unsure what comes next.

Even though this process can help in a crisis, it’s still a legal case with real consequences. If you’re unsure about anything, consider setting up a free consultation with a bankruptcy attorney. Talking to someone early on can make a big difference in how things go. 

Can Upsolve Help With an Emergency Bankruptcy Filing?

Upsolve isn’t the right fit for emergency bankruptcy cases. That’s because our free app is designed to help you prepare a complete set of bankruptcy forms before you file your case. In an emergency filing, you only submit a few forms to start the case and buy more time—and that’s not something our software is set up to handle.

Emergency cases also move quickly and come with strict deadlines. That can make it harder to represent yourself. While it’s possible to file without a lawyer, many people in this situation choose to work with a bankruptcy attorney who can guide them through the process and help avoid mistakes.

If you’re facing an urgent situation like a foreclosure, eviction, or wage garnishment, consider setting up a free consultation with a bankruptcy attorney. An attorney can help you decide whether an emergency filing makes sense for your situation and what steps to take next.

Do You Need a Bankruptcy Lawyer for an Emergency Filing?

Filing for bankruptcy — especially an emergency one — can be stressful. Many people choose to work with a bankruptcy lawyer to help them through the process. A lawyer can help make sure your forms are complete, your rights are protected, and that you meet your deadlines.

If you're worried about cost, you can see if you qualify for help from a legal aid organization or other low-cost legal services in your area.

How To Start the Emergency Bankruptcy Process

If you’re thinking about filing an emergency bankruptcy case, here are some steps to get started:

• Complete the required credit counseling course through a court-approved agency.

• Gather your basic documents: petition, Social Security statement, list of creditors, and certificate of credit counseling.

• Decide whether you’ll pay the filing fee, request a waiver, or apply for a payment plan.

• File your paperwork with the bankruptcy court either online or in person.

• Make a plan to complete and file your remaining forms within 14 days.

Let’s Summarize…

An emergency bankruptcy filing can be a powerful tool if you're facing eviction, foreclosure, repossession, or other urgent financial pressure. It’s a way to buy yourself a little more time and get temporary protection from creditors. But it also comes with deadlines, risks, and responsibilities.

If you’re unsure whether bankruptcy is right for your situation, or if you feel overwhelmed by the process, talking to a bankruptcy attorney could be helpful. Many people start with a free consultation to better understand their options. And if you decide to file, getting the right support can make the process a lot smoother.