Filing a Bare-Bones Bankruptcy Petition Quickly
In today’s world, being short on time is the norm, and since filing for bankruptcy and completing a bankruptcy petition from beginning to end can take several hours, what happens if you need to file ASAP? How can you file an emergency bankruptcy petition if you don’t have all the information you need? Consider filing a bare-bones or skeleton petition to buy you time.
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Key Points
- A bare-bones or skeleton petition allows debtors to file for bankruptcy with minimal paperwork.
- Filing a skeleton petition buys time, usually 14 days, so it’s only a temporary solution.
- Filing a bare-bones petition will still result in the protection of the automatic stay, but a complete petition has to be filed.
- Even if a skeleton petition is filed and dismissed shortly thereafter, the bankruptcy filing will still appear on your credit report.
Why Would You Need to File an Emergency Bankruptcy Petition?
There could be numerous reasons why a bare-bones bankruptcy petition has to be filed. For example, maybe a debtor just learned of a wage garnishment from a credit card lawsuit. Sometimes, a homeowner in good faith is trying to sell their home, but the lender continues with foreclosure. In this situation, filing an emergency bankruptcy petition could help the debtor not only buy time but ultimately, protect their home or wages.
The Bare Bones Bankruptcy Filing
An emergency bankruptcy, sometimes also referred to as a barebones filing, a skeleton bankruptcy, or an incomplete filing, includes minimum information. What information is included depends on the facts of your case.
For example, if facing foreclosure, then the mortgage lender would be included. Unsecured debt like credit cards, can be included later. But if facing a wage garnishment from a creditor such as a credit card lender, then that creditor would be included, and all other unsecured debts can be added later by amending the bankruptcy petition.
Even if a bankruptcy petition is missing key information, filing it will provide you with the benefit of the automatic stay, stopping collection lawsuits, car repossession, foreclosure, and wage garnishments. However, the solution is a temporary, quick fix. You still have to amend your bankruptcy petition within 14 days, or you risk having your case dismissed. Once your case is dismissed, creditors can proceed with their lawsuit since the protection of the automatic stay is gone.
Make Sure to File the Correct Chapter in Bankruptcy, Even with a Bare Bones Petition
Even if filing an incomplete bankruptcy petition, you should still file the correct bankruptcy chapter, whether it’s Chapter 7 or Chapter 13. So it comes down to your ultimate goal.
For example, if you are trying to save your car from being repossessed or losing your home to foreclosure, Chapter 7 should not be filed. Only Chapter 13 can save your car or home. Remember, you also have to submit the bankruptcy plan within fourteen days of filing Chapter 13, and the incomplete bankruptcy petition still has to be amended to include all the required information.
You Still Have to Take the Credit Counseling Course
With the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA), Congress required debtors to take a credit counseling class within six months of filing for bankruptcy. A financial management is also required after bankruptcy has been filed. But to file your bare-bones petition, it must include the credit counseling course. Otherwise, your case will be dismissed!
Also, credit counseling courses are time-stamped, so the bankruptcy clerk will confirm the course was completed before the bankruptcy filing. You will also be required to pay the filing fee upon filing.
What’s Next?
Filing an emergency bankruptcy is only step one. Make sure to notify the creditor. That way, the foreclosure or garnishment stops. For a foreclosure, make sure to contact the judge’s office and provide proof that the bankruptcy has been filed by providing a Suggestion of Bankruptcy.
If your wages were still garnished, no worries, the creditor will have to return those funds if the garnishment occurred after the filing. Usually, that is resolved quickly with a phone call to the creditor. If not, a motion can always be filed in the lawsuit seeking reimbursement of the funds.
You can learn more about filing for bankruptcy and the bankruptcy petition via this link. Information on the bankruptcy court system, contact information for trustees, and your state’s exemptions can be found here. The federal bankruptcy exemptions are listed here. The latest version of the 341 Meeting of the Creditors can be found here.
Colleges and universities can purchase my bankruptcy law textbook directly from Routledge Publishing. For paralegals and students buying single copies, you can do so via Amazon Books. To access my YouTube channel, click this link. Colleges and universities can purchase my bankruptcy law textbook directly from Routledge Publishing. To access my YouTube channel, click this link. You can also listen to my podcast on Spotify.
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Please note that the information on this site does not constitute legal advice and should be considered for informational purposes only.
Updated February 21, 2025.
Updated August 29, 2025.
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