In bankruptcy practice, timing is everything. When a client is facing foreclosure, wage garnishment, vehicle repossession, or the seizure of assets, the situation is urgent and emotionally charged. In these critical moments, filing an emergency bankruptcy petition, commonly known as a skeleton filing, is often the only way to immediately invoke the automatic stay and protect the client’s property from further action.
Yet urgency should never come at the expense of accuracy. Tight deadlines leave little room for mistakes, and even minor errors or omissions can result in dismissals, sanctions, and a loss of client confidence. GSB LPO Services partners with law firms to prepare emergency Chapter 7 and Chapter 13 petitions efficiently and with careful attention to procedural requirements, helping attorneys act swiftly while maintaining the highest professional standards.
Understanding Emergency Bankruptcy Petition Drafting
A bankruptcy petition in an emergency will generally only include a limited set of documents needed to commence the case:
- The Voluntary Petition (Form 101)
- A list of all of the creditors and their addresses
- A certificate of credit counselling or a motion for waiver
- A basic disclosure of income and property
Then, the full schedules, Statement of Financial Affairs, and means testing must be filed within 14 days or the case will be dismissed. Without careful strategy and thoughtful drafting, the emergency filing could risk the client’s protection and expose the law firm to liability.
Challenges Law Firms Face with Emergency Filings
Dealing with an emergency Chapter 7 or Chapter 13 filing in-house can often lead to the following pitfalls:
- Time Pressure: Attorneys may only have a few hours to prepare, to check, and file necessary documents.
- Incomplete Information: Clients hardly ever come in with all of the proper documents.
- Software Limitations: If a firm does not have adequate bankruptcy case management tools, it may become almost impossible to generate forms with enough time.
- Human Errors: When paralegals are pressed for time, they may make mistakes and fail to check the necessary fields in their haste, creating compliance issues.
- Staffing Shortfalls: Particularly in the after hours, and high-volume situations, a law firm may not have personnel available to deal with the emergency workload.

