Bankruptcy Lawyer | Should I Hire a Non-Attorney Bankruptcy Preparer? Pt. 1
Bankruptcy Lawyer | Prior to October 17, 2005, if your case was very simple meaning you did not own a home or cars, then, the answer was yes; however, the new bankruptcy law that went into effect on October 17, 2005 has changed that.
1. The new bankruptcy law makes debt of creditors not properly noticed as non-discharged. Under the
2. The new bankruptcy law gave the bankruptcy court the power to impose monetary fines for filing
3. A well-prepared bankruptcy petition can make the process seem simple. If you know someone that filed previous law, in a typical chapter 7 case that had no payments or distribution to the creditors, even creditors and debt that were omitted from the bankruptcy were discharged. The new bankruptcy law overruled that case law, and now in order to get a bankruptcy discharge of your debt, you must properly list the debt, give legally proper notice to the creditors at least 20 days before your creditors’ meeting. Thus, relatively minor mistakes that previous had little penalty, other than requiring an amendment are now potentially mistakes that cannot be fixed. Bankruptcy petitions without reasonable inquiry into their accuracy.
While on the surface this may seem like a minor detail, it gives the court the right to impose fines upon those submitting bankruptcy documents without a reasonable inquiring into the accuracy of the petition. In addition, the same standard of reasonableness is made for attorney-prepared bankruptcy petitions, non-attorney bankruptcy petitions, and bankruptcy petitions filed by the debtors’ themselves. Therefore, in addition to losing your right to discharge certain debts by bankruptcy, the failing to accurately prepare your bankruptcy petition can result in fines. bankruptcy with a bankruptcy attorney, they may have told you that their case was simple without worries.
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 .
