Some clients arrive with a deadline measured in hours: a foreclosure sale tomorrow, a vehicle about to be repossessed, a wage garnishment starting on the next payday. In these cases the automatic stay is the goal, and speed matters. A remote assistant can be a real asset here, since drafting can continue while the attorney meets the client. This article describes a general approach. Emergency procedures, local rules and strategy are for the attorney to decide.
Decide what must be filed first
In general, a case can begin with a short set of documents, and the rest filed within a limited time afterwards. The bankruptcy rules typically require the voluntary petition and the list of creditors at the start, and allow the schedules and other statements to follow within a short period, commonly measured in days, with extensions available on request. The exact requirements depend on the chapter and the court, so the attorney should confirm them, and the filing office should know the local practice for emergency filings.
The practical lesson is to separate the minimum to file now from the full petition to complete afterwards, and to track the deadline for the second part with the same attention as the first.
What to prepare first
- Identity and contact details, and the correct name and address, since errors here are costly to fix.
- A complete creditor list. A creditor who is not listed may not get notice. For the same reason, ask the client directly about debts they would rather not mention.
- The fee arrangement, including whether the filing fee will be paid at once or under a court-approved installment arrangement. The attorney handles this.
- The credit counseling certificate. This is required before filing, with narrow exceptions for urgent circumstances that the attorney must assess and document. See credit counseling and debtor education.
- The documents that prove the emergency, such as a sale notice or a garnishment order, so the attorney can act on them.
What can follow the initial filing
Once the case is open, the full schedules, statement of financial affairs, means test and supporting documents can be completed in the time allowed. This is where a remote assistant is most useful: the attorney deals with the client and the court while the assistant builds the petition from the documents as they arrive. The Chapter 7 workflow still applies. It is just compressed.
Where mistakes happen under pressure
- Guessing instead of flagging. A rushed draft should list open questions, not hide them.
- Missing creditors. The shortcut of a partial list creates problems later.
- Mismatched numbers between income, expenses and the means test.
- Forgetting the second deadline. Everyone remembers the first filing; fewer remember that the schedules are due soon after.
- Skipping the review. Even in a rush, the attorney who signs reviews. Use a compact version of the review checklist for the minimum filing, and the full one for the final petition.
How to prepare your office
- Keep a rush kit: a short intake form for emergencies, a list of what to ask first, and a template for the creditor list.
- Agree in advance with your assistant on how rush requests are handled: how to reach them, how fast they can respond and how rush work is priced. Surprises are worse at midnight. See what to put in a written agreement.
- Test it once. Run a practice rush case so the first real one is not the first time you use the process.
- Plan for busy seasons. Filing surges are predictable; see handling the tax-refund-season surge.
Keep the line clear
Under pressure, it is tempting to let the assistant do more. Strategy, advice and the decision to file stay with the attorney, and the assistant prepares under your direction. The wider rules are in supervising a remote assistant.
Find help before you need it
The best time to find an assistant who can handle rush work is before the first emergency. Browse the NAVBA directory, or request a VBA and ask specifically about availability on short notice.
This article is general information about bankruptcy practice, not legal advice. Local rules, trustee preferences and state law vary, so confirm current requirements for your jurisdiction.
