When a foreclosure sale is tomorrow, a repo truck is on the way, or a garnishment is draining your paycheck, an emergency bankruptcy filing can stop it the same day.
A bare petition -- also called a skeleton filing or emergency filing -- means filing only the minimum required document: Official Form 101 (the bankruptcy petition). This single form triggers the full protection of the automatic stay.
The bare petition must include:
You do not need to complete the full set of schedules, the Statement of Financial Affairs, or the means test calculation on the day you file. Those come later.
Once you file a bare petition, Bankruptcy Rule 1007(c) gives you 14 days to file the remaining required documents:
Filing even one hour before a scheduled foreclosure sale triggers the automatic stay and halts the sale. You must immediately notify the mortgage servicer and provide your case number. In Missouri, non-judicial foreclosure can proceed quickly -- the foreclosure trustee can sell your home after just 20 days' notice. On the Kansas side, foreclosure is judicial, meaning it goes through the court system, which provides slightly more time but still requires urgent action.
FJC data shows that in the Western District of Missouri, approximately 22% of Chapter 13 filings involve saving a home from foreclosure.
The automatic stay prevents lenders from repossessing your vehicle once the petition is filed. If your car was repossessed before you filed but has not yet been sold at auction, the stay may require the creditor to return it. If the vehicle was already sold, the stay cannot undo the sale.
In Kansas City, repossession agents sometimes move fast -- filing before the tow truck arrives is the goal. See our guide on keeping your car in bankruptcy.
Filing stops wage garnishment immediately. Your employer must stop withholding once notified of the bankruptcy filing. Any wages garnished after the petition date must be returned to you. Missouri allows garnishment of up to 25% of disposable earnings; Kansas allows the same. Filing an emergency petition stops it the same day.
The stay also stops bank account levies, pending lawsuits, utility shutoffs (for 20 days), and all other creditor actions. See our bank account guide for details on protecting your funds.
For a full comparison of both districts, see Missouri vs. Kansas bankruptcy.
Best if you want to eliminate debt quickly and do not need to catch up on mortgage or car payments. The means test determines eligibility, but you do not need to complete it on filing day. Chapter 7 cases typically resolve in 3-4 months.
Best if you need to save your home from foreclosure or your car from repossession. Chapter 13 allows you to catch up on missed payments through a 3-5 year repayment plan. You do not need to file the plan with the bare petition -- you have 14 days.
However, be aware: the Western District of Missouri has a Chapter 13 dismissal rate of 40.4%. Strong plan preparation matters.
Not sure which chapter? Compare Chapter 7 vs. Chapter 13.
| Item | Chapter 7 | Chapter 13 |
|---|---|---|
| Court filing fee | $338 | $313 |
| Credit counseling course | $15-25 | $15-25 |
| Attorney fees (KC typical) | $1,000-$2,500 | $2,500-$4,500 |
| Fee waiver available? | Yes (below 150% poverty) | No (paid through plan) |
Emergency filings sometimes carry higher attorney fees due to the rush timeline. See our full cost breakdown.
Yes. A bare petition triggers the automatic stay immediately. You then have 14 days to complete the remaining schedules and documents.
A bare petition means filing only Official Form 101 -- the bankruptcy petition -- without the full schedules or financial statements. It is enough to trigger the automatic stay and stop creditor actions immediately.
The court will dismiss your case automatically under Bankruptcy Rule 1007(c). The automatic stay ends and creditors can resume collection. You may request an extension, but the court is not required to grant it.
Yes. Filing before the sale triggers the automatic stay and halts the foreclosure. Notify the mortgage servicer immediately with your case number.
Yes. The automatic stay prevents repossession once filed. If the car was repossessed but not yet sold, the stay may require the creditor to return it.
Filing fees are $338 for Chapter 7 and $313 for Chapter 13. Attorney fees in Kansas City may be higher for emergency filings due to the rushed timeline, typically $1,000-$2,500 for Chapter 7 and $2,500-$4,500 for Chapter 13.
The bare petition process is the same in both districts. However, exemptions differ significantly. Missouri offers $15,000 homestead and $3,000 vehicle. Kansas offers unlimited homestead and $20,000 vehicle. Full comparison here.