About Me
“ Craig D. Robins, Esq., has been a practicing Long Island bankruptcy attorney for over twenty-four years ”
Written by Craig D. Robins, Esq.Last week I wrote that a debtor can file an emergency bankruptcy petition within hours if necessary to stop a foreclosure sale, even though it is not wise to leave a bankruptcy filing until the 11th hour. See How Quick Can Bankruptcy Relief Be Obtained? .
Upon thinking about this, I would like to distinguish the difference between an emergency filing, which is necessary to stop an immanent action, and a rush filing, which is usually done because the client is very anxious to file. We’ve had clients who wanted us to file their case almost immediately even though no emergency situation existed.
I’ve learned over the years that clients should not rush the bankruptcy attorney, especially now that both debtor and attorney must comply with all of the various mandates of the new bankruptcy laws.
In order to have a successful case, the bankruptcy attorney must sufficiently review all of the relevant facts and devote the appropriate amount of time to prepare the bankruptcy petition. Then, the attorney must review it with the client for accuracy.
Obviously, in an emergency situation, not all of this is possible to the extent that would be advisable. But absent that, ensuring that the bankruptcy goes smoothly requires spending the necessary time prior to filing the petition.
In any event, a good Long Island bankruptcy attorney such as our firm should be able to fully complete a petition and file it within days if the client has all of the necessary documents and information.
