Bankruptcy filings come in many different forms serving different purposes. This subsection explores some of the more common “special” types of filings as well as their effects and consequences on a bankruptcy proceeding.
The most frequent type of special filing we see at Grainger Legal Services is the Emergency Bankruptcy Filing. This type of filing is also known as an “incomplete filing” because only the bare bones of the case are filed with the bankruptcy petition. These filings are typically Chapter 13 filings that occur because of an immediate threat of repossession or foreclosure unless a bankruptcy petition is filed. When a debtor files an emergency petition, they have only a few days after the filing to complete their petition. If the debtor fails to file the remaining documents with the court, then the Chapter 13 bankruptcy is subject to dismissal.
Another special filing happens when a debtor’s bankruptcy has been dismissed and then closed by the Bankruptcy Court, but then circumstances arise that require the case to be reopened. An example of such a circumstance would be to file an adversary proceeding against a creditor who violated the discharge under Chapter 7.
Sometimes a Chapter 13 repayment plan fails because the debtor lost his/her job and could not make the plan payments, and their case is dismissed for failure to make plan payments. Once the debtor has gained new employment, he/she might be able to file a new bankruptcy case in good faith. In this instance, such a filing would be considered a repeat filing. If this is your situation let trusted bankruptcy attorney Chuck Grainger analyze your situation and help you determine whether a repeat bankruptcy filing is in your best interests.
Finally, there are times when it is appropriate to voluntarily withdraw a Bankruptcy Petition. While this is a straightforward process, it is not a decision that should be made lightly. The voluntary withdrawal of a Bankruptcy Petition can impact your ability to file a new bankruptcy case within a certain time frame. For more information on the effect of a voluntary withdrawal of a Bankruptcy Petition, please see our Withdrawing a Bankruptcy Petition Page. If you are a current client of Grainger Legal Services and are considering a voluntary withdrawal of your bankruptcy petition, please contact Grainger Legal Services to schedule an appointment to discuss your case with Mr. Grainger.
If you’re unsure which type of bankruptcy filing is right for your situation, or even if bankruptcy is right for you at all, experienced Montgomery bankruptcy attorney Chuck Grainger can meet with you and help you determine if Grainger Legal Services can help you with your financial situation. At Grainger Legal Services, we strive to put our clients in the best possible situation for success. We serve clients in from our offices located in Montgomery, Prattville, and Troy, Alabama. You can call or text us at (334) 260-0500 or contact us online to schedule a free consultation with Mr. Grainger to see how we can help you get out of the hole.