Bankruptcy Lawyer | Should I Hire a Non-Attorney Bankruptcy Preparer? Pt. 2


Bankruptcy Lawyer  | A well-drafted and accurate bankruptcy petition have fewer problems and go through the bankruptcy court system faster. A few mistakes can cause problems, make your bankruptcy case linger in the court system longer, and allow the bankruptcy trustee to uncover problems that would have been missed had your bankruptcy petition been properly prepared.

The Bankruptcy Code is a complicated mesh of statutory law created by the federal legislature, and case law created by the federal district and bankruptcy courts. If you want to know how complex it is, call any lawyer that does not regularly practice bankruptcy law and act them to prepare your bankruptcy petition. They will either not do it, or charge far more than an experienced bankruptcy attorney. They went to undergraduate school, law school, and passed a rigorous state bar exam. Yet they do not feel competent to file a simple bankruptcy petition. This emphasizes the importance and value of the experienced bankruptcy attorney’s knowledge.

4. A non-attorney bankruptcy petition preparer cannot give legal advice. Virtually everyone that files bankruptcy understands that having the knowledgeable representation during their bankruptcy can make your case proceed smoothly and give you peace of mind. The people who choose to have a non-attorney bankruptcy petition preparer complete their bankruptcy forms cannot give them legal advice. There is, however, a common misconception of what constitutes legal advice. The non-attorney bankruptcy petition preparer cannot tell you what information to include on your bankruptcy petition and schedules. They cannot tell you which bankruptcy exemptions to use to protect your property, such as your home and cars. Therefore, unless you know the difference between in two California bankruptcy exemption schemes and how to pick the best one for you, the non-attorney bankruptcy petition preparer will not be able to help you.

The non-attorney bankruptcy petition preparer may not help you choose the proper bankruptcy court to file your bankruptcy petition. They may not even mail your completed bankruptcy petition to the bankruptcy court. All of these actions have been determined to be legal advice and beyond the legal scope of what a non-attorney bankruptcy petition preparer can do. What can the non-attorney bankruptcy petition preparer do you ask?



Our office can assist you in determining whether bankruptcy is the right choice for you, and which chapter under the Bankruptcy Code would provide you with the most relief.  To schedule a free consultation with a knowledgeable Bakersfield bankruptcy lawyer about filing a Chapter 7 bankruptcy in Kern County, please call our office today at 661-888-4335 .