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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Steps to filing a Chapter 13 bankruptcy petition.. Posted by Ward-CA- on May 12, 2002 at 7:04 AM In Reply to: CH13 emergency posted by greg on May 12, 2002 at 1:18 AM : Ward, : I'm learning a lot from this board. Thank You. : My latest question is, exactly how do I accomplish the CH13 emergency filing. Actually its my seller who needs to do so right? : Do I bring him the papers all set to sign? : Can I pay for the process if I choose? : Are there specialist lawyers/legal clinics who can help : perform these services? : Greg =================================== Greg, First you have to go to your closest federal courthouse and visit the bankruptcy section. There, if you pretend that you are going to file a Chapter 13 "emergency petition", they will give the necessary forms to fill out. If not, it costs less than $4.00 to buy a copy of the whole filing package. Keep it as a master to use to make copies. Ask the clerk what parts of the petition you need to initially fill out and file as the "emergency petition" in Chapter 13. Also ask: 1. How many copies of your filing you should make? 2. Does the Court provide you with a floppy disk to fill out the creditors matrix, for the emergency petition? 3. Can someone else actually file the emergency petition for you? 4. What happens if you don't file the balance of the whole petition within the 15 days (after filing the initial emergency petition)? 5. Can you pay less than the regular filing fee if you are destitute? 6. In what form can the filing fee be paid? If you pay it in cash you MUST have the exact amount, for they will not make change!! You should make up a few emergency filing kits. It should contain the forms necessary for the emergency filing requirements in your area of the country. In addition it should contain a cover sheet that explains what the filing of the emergency petition accomplishes and after it is filed out, how to actually file it (step by step describe how to get to the Court, where to park, warning about the security checkpoint, the need for photo I.D., etc.) Have an emergency kit in your car, in your office and another at home. That way you can very quickly rise to the occasion as circumstances might require. The party filing the petition is going to be the homeowner in foreclosure. You can legally help her fill out the emergency petition and accompany her to the Court to actually file it. If she just can't make it to the Court to file her petition you can do it for her. If you are in CA and fall under the auspices of CCSection 1695, you are prohibited from giving anything of value to the equity seller until the passage of 5 days after you have signed your equity purchase contract with her. So most of the time that precludes you from paying her bankruptcy filing fees. There are specialists or paralegals that regularly help people file their bankruptcy petitions. However, they aren't always immediately available to help out at the last minute. You are certainly capable and equally empowered to help someone, especially if it helps you preserve the owner's ownership of the property long enough for you to buy it from her and save her from the stigma of a foreclosure on her credit record. Hope this helps. Follow Ups: Re: Steps to filing a Chapter 13 bankruptcy petition.. Greg - CA 10:15 AM, 05/12/02 (0) Post a Followup: Name : E-Mail : Subject : Comments: : : Ward, : : I'm learning a lot from this board. Thank You. : : My latest question is, exactly how do I accomplish the CH13 emergency filing. Actually its my seller who needs to do so right? : : Do I bring him the papers all set to sign? : : Can I pay for the process if I choose? : : Are there specialist lawyers/legal clinics who can help : : perform these services? : : Greg : =================================== : Greg, : First you have to go to your closest federal courthouse and visit the bankruptcy section. There, if you pretend that you are going to file a Chapter 13 "emergency petition", they will give the necessary forms to fill out. If not, it costs less than $4.00 to buy a copy of the whole filing package. Keep it as a master to use to make copies. : Ask the clerk what parts of the petition you need to initially fill out and file as the "emergency petition" in Chapter 13. : Also ask: : 1. How many copies of your filing you should make? : 2. Does the Court provide you with a floppy disk to fill out the creditors matrix, for the emergency petition? : 3. Can someone else actually file the emergency petition for you? : 4. What happens if you don't file the balance of the whole petition within the 15 days (after filing the initial emergency petition)? : 5. Can you pay less than the regular filing fee if you are destitute? : 6. In what form can the filing fee be paid? If you pay it in cash you MUST have the exact amount, for they will not make change!! : You should make up a few emergency filing kits. It should contain the forms necessary for the emergency filing requirements in your area of the country. In addition it should contain a cover sheet that explains what the filing of the emergency petition accomplishes and after it is filed out, how to actually file it (step by step describe how to get to the Court, where to park, warning about the security checkpoint, the need for photo I.D., etc.) : Have an emergency kit in your car, in your office and another at home. That way you can very quickly rise to the occasion as circumstances might require. : The party filing the petition is going to be the homeowner in foreclosure. You can legally help her fill out the emergency petition and accompany her to the Court to actually file it. If she just can't make it to the Court to file her petition you can do it for her. : If you are in CA and fall under the auspices of CCSection 1695, you are prohibited from giving anything of value to the equity seller until the passage of 5 days after you have signed your equity purchase contract with her. So most of the time that precludes you from paying her bankruptcy filing fees. : There are specialists or paralegals that regularly help people file their bankruptcy petitions. However, they aren't always immediately available to help out at the last minute. You are certainly capable and equally empowered to help someone, especially if it helps you preserve the owner's ownership of the property long enough for you to buy it from her and save her from the stigma of a foreclosure on her credit record. : Hope this helps. Optional Link URL: Link Title: Optional Image URL: [ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] WWWAdmin 2.0a © 1997 Matt Wright and DBasics Software Company, All Rights Reserved

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