Need to file Ch. 13 ASAP Please Read, URGENT

[jgoldie]

Hello,
I am new to the forum and desperate! My mother contacted a lawyer and was going to file chapter 13 today through the lawyer. They are foreclosing on her home tomorrow at 1pm. He said he would file it today to wait for the pending modification. Well he just called her today and said he doesn't have time to file it for her. So needless to say she's hysterical!
Is there an online option or program that I could help her with to get it filed today? She already did the credit counseling.
We're desperate!!!
Any advice would be appreciated! Thanks in advance.

[justbroke]

Wow, there is just too much to do in order to file an "emergency" petition that quickly. There are some places on-line, but I can't recommend them, as they messed up my petition.

You can't just file a Chapter 13 at the last minute unless you're skilled at filing Chapter 13s. You could file an emergency petition, in which you only need to file certain schedules and you would file the rest later.

Because you are so unprepared to file, I can't recommend you do this.

The best use of your time today and tomorrow morning, is to call the lender and you should be doing this anyday twice a day anyhow. Modification requests do not stop foreclosure... as you should already know.

Do you know why you're filing Chapter 13? Just to forestall a foreclosure? Do you really want to be in a Chapter 13? Do you understand the credit reporting impacts? Do you have the filing fees?

Please note: filing bankruptcy will almost CERTAINLY kill any modification that is in progress. This is from experience. I'm not trying to discourage you, but you would probably have had better luck with the bank modification folks by bothering them daily. You probably should have called the lender's attorney (doing the foreclosure) and talked to them too to see if it's still on for foreclosure.

If you're going to do this tonight, you can actually fax in the Petition to the Clerk's office, but need to show up in the clerk's office first thing with the REAL petition and fee.

You will need to file the Petition (Form B1) and probably the proof of SSN. You'll also need paystubs and tax statements, but I think they can be filed later. You should be looking on your District's website and finding their filing checklist and look at what's necessary for an emergency petition. As I said, sometimes, they'll have a FAX number when you can fax it in (after 5PM and before 12AM daily), but you must get the payment there in the morning and the actual paperwork.

If you're lucky, the sale won't happen tomorrow and will be re-scheduled.

[HHM]

Sometimes, you have to sleep in the bed you made.

If you wait to the last minute, there is only 1 person to blame.

This blog post describes what is involved in an emergency petition

http://askmethner.com/?p=454

But rules can vary by district.

Do a web search for your local bankrutpcy court, must bankruptcy court websites will have the basic forms avialable online.

[AngelinaCat]

I was going to say something about why in the H*** did Mother wait until the very last minute???? BKs of ANY type do NOT happen overnight. These things are planned.

She had to have seen this coming; or you did. You both cannot have been so blind.

There is a saying, and I don't know the originator, but: "Poor planning on YOUR part, does NOT constitute an emergency on MY Part."

I have told this often to my students at the college, who knowing that the library shuts down at 10:00 PM, come in all hot and bothered at 9:30 PM to BEGIN research for a paper they had several weeks to prepare, that is due at 8:00 AM in the MORNING.

You have my best wishes, but as HHM said you "have to sleep in the bed you made."

[AngelinaCatHub]

Sometimes, you have to sleep in the bed you made.

If you wait to the last minute, there is only 1 person to blame.

Yes this can not be a surprise. Procrastination does have some good qualities if you die before the deadline, but that is all.

I might also suggest a civil plea of a temporary injunction to stay the sale for 30 days. Not being a lawyer, I cannot say on what defense could be offered for the attempt with what little you have told us.

It seems you/she are just too late. She will have time to move (at least 30 days) and perhaps some repair can be done in that time.

BK is NOT a way to be used for emergency stops of civil actions. We have seen this before on several occasions. If you are prepared to bk it must be for the right reason. It is not a tool to be used to manipulate the system.

I wish you and your Mother well. 'Hub