What is Required to File an Emergency Bankruptcy Petition?

In most cases, an “emergency” petition can be filed with the clerk of the bankruptcy court (commonly referred to as a “skeleton petition” or “skeleton case”) using a portion of the forms required for the complete filing.

The debtor should check with the clerk in the Bankruptcy Court where the case will be filed to determine which documents are required, but generally the minimum filing required to initiate the skeleton case is Form B1, which is first three pages of the voluntary petition.

Then, within 7 days after filing, the following forms must be filed:

• List of creditor names and addresses (per the clerk’s mailing matrix requirements);

• Exhibit D to the Voluntary Petition;

• Certificate of Credit Counseling, Motion for Exemption from Counseling or Certificate of Exigent Circumstances re Credit Counseling;

• Form B21 Statement of Social Security number;

• Application to Pay Filing Fee in Installments or Application to Waive Filing Fee.

All remaining schedules, statements and required documents must be filed within 14 days after the date the petition is filed.

It is important to note that the failure to file the required documents after Form B1 is filed may result in dismissal of the case and a court order barring the debtor from refiling the case for the next 180 days.

For complete forms, instructions and overviews to create a pro se personal Bankruptcy filing, use Standard Legal’s Bankruptcy package.