Legal Question in Bankruptcy in Pennsylvania

My niece is trying to file for bankruptcy in Pennsylvania. She has a lawyer and all the documents she needs EXCEPT her W2 form. She found out on Feb 22 that she will NOT have her W2 MAILED out to her until FEB28 because her company has had to file bankruptcy. Her lawyer explained the need for the W2 and that my niece is going to have her possessions taken on March 3 if she doesn't file. There answer was sorry. Her lawyers answer is there is nothing that can be done. Can anything be done to stop her possessions from being taken?

Asked on 2/23/13, 2:12 pm

2 Answers from Attorneys

Bruce McCullough Bodell Bove', LLC
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Ask her lawyer about filing just the Petition at the end of next week and follow up with the schedules and supporting documents later. Here in Delaware the Bankruptcy Court issues a deficiency notice and the missing forms are due 7-14 days later. Filing the Bankruptcy Petition is enough to invoke the automatic stay and stop any collection activity or judicial sale.

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Answered on 2/23/13, 2:52 pm
Charles Andersen Charles Andersen, Atty
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Ouch. What a dickhead!

Of course you can file without a w-2. It's just something you worry about later.

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Answered on 2/23/13, 6:07 pm

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