Bankruptcy paralegals may prepare bankruptcy petitions without being under an attorneys supervision. The debtor must know in advance which bankruptcy chapter they wish to file. Furthermore, under no circumstances may the paralegal provide legal advice to the debtor. Paralegals may also work for a bankruptcy attorney in a law firm or from a home office as a freelance Bankruptcy Petition Preparer.
What is a Bankruptcy Petition Preparer?
Federal law stipulates how a Bankruptcy Petition Preparer (paralegal) can assist the public with preparing bankruptcy petitions under 11 U.S.C. § 110. Each state has bankruptcy laws in which must be researched prior to preparing any bankruptcy filing. Bankruptcy Petition Preparers may not represent a debtor in court, nor provide the public with any legal advice. Bankruptcy paralegals cannot answer questions such as: Should I file Chapter 7 or Chapter 13 Bankruptcy? Will all my debt be discharged if I file Chapter 7 Bankruptcy? If I file Chapter 13…
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