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I need to file bankruptcyand am wondering if it is advisable to use a Bankruptcy Preparer and not an Attorney ?

Wilmington, CA |
Attorney answers 10

Posted

An bankruptcy attorney's knowledge and skill will more than compensate for the difference in cost between true legal representation and a document preparer. A document preparer is not qualified is prohibited by law from giving legal advice. Only lawyers can give legal advice and represent debtors at the Trustee Hearings and in the Bankruptcy Court.

An attorney will develop a strategy with you as to the best time to file the bk. For example, given that you are unemployed and probably without assets, this may not be the best time to file for bankruptcy. A BK attorney will obtain your credit report to make sure all possible claims are discharged. The attorney will represent you at the Trustee's Hearing. It is common for the Trustee to have questions for the debtor that are technical and confusing. The attorney will prepare the debtor for those questions. The Trustee will often ask for supplemental information and documents that the attorney can help in providing to the Trustee. If something goes wrong the attorney is there to explain your options.

In summary, for peace of mind and the highest probability of success, go with the bankruptcy attorney.

Many attorneys, like myself, offer free consultations to analyze your financial situation and to explain the bankruptcy process .

Christopher Lauria
SBN 102258
1605 West Olympic Blvd., Suite 9011
La Curacao Bldg.
Los Angeles, CA 90015
213-427-9742

Posted

You should speak to an attorney before you decide to file. If you owe $20k and don't have any assets and you unemployed, you may not need to file at all.

A bankruptcy petition preparer (BPP) is nothing more than a stenographer. You might as well do the paperwork and file on your own. They don't know the intricacies of the bankruptcy code and not qualified to give anyone any legal advice - and, in fact, are prohibited from doing so.

Posted

I completely agree with Mr. Lauria's response and will only add one specific example of of where a document preparer almost cost the debtors a LOT of money.

A couple filed for Chapter 7 and used a "paralegal" instead of an attorney. The debtors did not claim any of their property as exempt in their bankruptcy petition on Schedule C. Rather than taking advantage of the situation and taking away their property, the Chapter 7 trustee advised them to seek legal counsel.

I was able to file their amendments to claim all of their property exempt. The paralegal also failed to advise them about the second class in financial management that was required to get a discharge. I fixed the problems and they ended up getting their discharge and keeping all of their assets.

An experienced attorney can help you avoid some of those pitfalls.

First, the firm is a debt relief agency according to the U.S. Bankruptcy Code. We help people file for bankruptcy. We also do other stuff and we do it well, but Congress wants me to post this notice. Second, nothing on this site is legal advice. You are not my client unless you enter into a written agreement signed by you and me.

Manuel Alzamora Juarez

Manuel Alzamora Juarez

Posted

This is so true that, although I favor full employment, sometimes I think that the BK preparers should be required to have errors and omissions insurance because they do more harm than good. Best of luck.

Posted

Spend a little more and get an Attorney!

Jonathan Leventhal, Esq..
Leventhal Law Group, P.C.
818-347-5800

NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice for ex parte Applications via voicemail or by email. You must comply with California Law and give notice to a person in my office during regular business hours.

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Leventhal Law Group, P.C. is a Debt Relief Agency under federal law.

Note: The Leventhal Law Group, P.C. does not represent you until a written fee agreement has been signed by you and a representative of the Leventhal Law Group, P.C. and all fees listed in the agreement have been paid.

Posted

"I need to file bankruptcy and am wondering if it is advisable to use a Bankruptcy Preparer and not an Attorney?" -- Easy answer: Can you, yes. Should you, no. You get much more bang for your buck with an attorney. Many petition preparers do not know what they are doing and it is more costly to fix their mistakes after the fact than if you had retained a qualified attorney initially.

SINCE 1974. My answers are for general information only. They are not legal advice. Answers assume California law. I am licensed in California, only. Answers must not be relied upon.<br> <br> Legal advice and counsel must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. <br> <br> I provide legal advice and counsel during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us.<br> <br> The communications on this website are not privileged or confidential. I assume no duty to anyone by my participation on Avvo because I have answered or commented on a question. Specifically, I assume no duty to respond to any question, comment, telephone call, or email because of my participation.<br> <br> All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice or counsel in answer to any question, if you are an interested party you should promptly and personally consult an attorney licensed in the appropriate jurisdiction for advice and counsel. See, also, Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.<br>

Posted

Better to have an attorney prepare your documents, and nothing more, for, say $500, than to pay a preparer $200 or $300.

Posted

If you use a bankruptcy petition preparer, as is your right under Federal law, inquire if the preparer has an Errors & Omissions insurance policy, (these are similar to an attorney's malpractice insurance policy).

Michael Raymond Daymude

Michael Raymond Daymude

Posted

I do not think any petition preparer has an E&O policy in CA. BTW, the maximum charge is $150: hardly enough to pay for E&O insurance.

Gary D. Bollinger

Gary D. Bollinger

Posted

Neither do I. Yet another reason for not hiring a bankruptcy petition preparer, don't you think?

Michael Raymond Daymude

Michael Raymond Daymude

Posted

Yes. I actually thought your question was rhetorical and that I should allow you to make your answer clear for everyone. ; )

Posted

All answers previously offered are accurate and sound advice. Please also realize that a document preparer or paralegal cannot attend the 341(a) hearing with you and cannot represent you either in front if the trustee or in front of the court (with respect to any reaffirmation agreements, any creditor claims, or any additional work that may be required in your case after your documents (chapter 7 petition and schedules, etc.) are filed in your case.

A lawyer may be a able to work with your limited budget if unemployed, either by choosing to offer installment fees or reduced rate for attorney services. You will have to ask around to see what is available, given your particular situation.

NOTE: we can be reached at www.salanicklaw.com (310) 590-4575. This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney with whom you have established an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

Posted

I agree with all the comments and answers above. Let me just add that based on your statement that "I owe $20,000.00 and am unemployed", you may not need to file for bankruptcy. A consultation with an attorney will answer whether or not you should file in the first place. Also, I recently represented a debtor who initially used a Bankruptcy Preparer. That debtor almost lost his home but I was able to have his bankruptcy case dismissed. Meet with an attorney.

Posted

Agree with prior comments. However, given your low debt amount and employment status, I suggest contacting your local legal aid or bar association and seeking pro bono counsel. Assuming you have no assets you may qualify for assistance.

This is not legal advice and is not intended to create an attorney-client relationship. The post is only my opinion and not the opinion of Lowenstein Sandler LLP. You should speak to an attorney for further information. The poster is licensed only in NY and NJ. If this post is useful to you, please remember to "vote it up." Thank you

Frank John Kokoszka

Frank John Kokoszka

Posted

Great point! This person should qualify for free legal services at a legal aid clinic.

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