When foreclosure, repossession, or garnishment is days away, an emergency bankruptcy filing can trigger the automatic stay immediately -- even before your full paperwork is complete.
Judicial foreclosure required, typically takes 6-12 months. Florida has one of the longest foreclosure timelines in the nation. Florida requires judicial foreclosure, which typically takes 6-12 months. This longer timeline gives you more time to file, but waiting too long can result in a judgment that complicates your case. If you are facing an imminent collection action, an emergency filing may be the only way to stop it in time.
An emergency filing -- also called a bare-bones or skeleton petition -- files just enough paperwork to open your case and activate the automatic stay. You then have 14 days to complete and file the rest of your bankruptcy schedules.
Emergency petitions in Miami are filed in the Southern District of Florida at 301 N Miami Ave, Miami, FL 33128. Electronic filing through an attorney's CM/ECF account is fastest -- the stay takes effect the moment the case number is assigned.
Judicial foreclosure required, typically takes 6-12 months. Florida has one of the longest foreclosure timelines in the nation. An emergency filing before the sale stops the process. Florida's unlimited value (up to half-acre within municipality, 160 acres outside) homestead exemption protects your equity.
The stay stops repossession immediately. Florida exempts $1,000 per vehicle plus $4,000 wildcard (section 222.25). Once the stay is in place, the creditor must return a repossessed vehicle.
Head-of-household wages are fully exempt from garnishment in Florida. For non-head-of-household, the federal limit of 25% of disposable earnings applies. An emergency filing stops all garnishment.
The stay stops any pending levy. Funds already seized may need to be returned depending on applicable exemptions.
An emergency filing opens your case with minimal paperwork to activate the automatic stay immediately. You have 14 days to file the remaining schedules.
When facing imminent foreclosure, repossession, garnishment, bank levy, or utility shutoff. File at the Southern District of Florida courthouse at 301 N Miami Ave, Miami, FL 33128.
Minimum: voluntary petition (Form 101), creditor matrix, credit counseling certificate, and filing fee or fee waiver. All remaining documents due in 14 days.
Your case is automatically dismissed under section 521(i). The stay disappears and creditors resume collection.
Yes. The stay takes effect the instant the petition is filed. However, if you had a prior dismissal within the past year, the stay may be limited to 30 days or absent entirely.
Filing fees are $338 for Chapter 7, $313 for Chapter 13. Fee waivers and installment plans are available.