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.
Non-judicial foreclosure, typically taking about 90 days. Arizona has an anti-deficiency statute on purchase-money mortgages for single-family homes under 2.5 acres. Arizona allows non-judicial foreclosure in about 90 days. Arizona also has an anti-deficiency statute on purchase-money mortgages for single-family homes, meaning the lender cannot pursue you for the difference after foreclosure. 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 Phoenix are filed in the District of Arizona at 230 N 1st Ave, Phoenix, AZ 85003. Electronic filing through an attorney's CM/ECF account is fastest -- the stay takes effect the moment the case number is assigned.
Non-judicial foreclosure, typically taking about 90 days. Arizona has an anti-deficiency statute on purchase-money mortgages for single-family homes under 2.5 acres. An emergency filing before the sale stops the process. Arizona's $250,000 homestead exemption protects your equity.
The stay stops repossession immediately. Arizona exempts $6,000 per vehicle ($12,000 if disabled). Once the stay is in place, the creditor must return a repossessed vehicle.
Arizona allows garnishment of up to 25% of disposable earnings, following the federal standard. Bank accounts can also be garnished with certain exemptions for Social Security and other protected funds. 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 District of Arizona courthouse at 230 N 1st Ave, Phoenix, AZ 85003.
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.