Paralegal

Did anyone use a paralegal to help fill out all of the forms? I came across a BK paralegal who works in my district who offers her services on filling out all of the appropriate forms (including all local forms), following the case in PACER, etc. She has stellar references and to top it off, she worked with the US Trustee for a year - she reviewed Chapter 7 cases for my district. I have spoken to her thoroughly, and she does seem up to date on all changes and the whole process...sadly, she seems more knowledgable than a couple of the attorneys I spoke with! LOL

I was just wondering what everyone's opinion is. I'm thinking of retaining her services. I have reviewed her contract, she is reasonably priced, no hidden fees - just a flat fee for everything, even if additional changes/forms are needed to be filed.

JAG

While I know you don't expect it, I must say it for the new and potential filers. The Paralegal is not allowed to give you any legal advice, including, but not limited to, telling you what amount to put where. They are technically there just to make sure that you have completed the forms correctly and that you completed the correct forms.

Having a knowledgeable paralegal goes far, in that they understand the local requirements for filing, and are up to date on which forms are necessary.

Many of these paralegals actually do most of the heavy lifting for the Attorneys, so it's no surprise that they technically know more about filing.

Thanks so much for your response. And thank you for pointing out that paralegals cannot give legal advice. I did happen to know this fact and meant to make mention of this so as not to confuse others. My mind is so many places at once, I guess I just thought about saying it but never typed it!

JAG

Let us know how the filing goes. The Trustee at your 341 Meeting will probably be impressed. :) (Although, the paralegal will put "prepared by non-lawyer" on your petition.) From recent posts on here, it seems to me that the Pro Se filers are submitting just as well prepared petitions as some attorneys. (ducking)

I'll keep you all updated on how it goes.

It looks like the end of this week/beginning of next I will be getting her service contract to review and sign and then start the process after that.

Thanks again!

JAG

i used a law firm, but only for the paperwork. they assigned me to a really good paralegal in their firm. he does all the firms paperwork even when a lawyer is used. i payed $499 and had to file myself, which is another $299. do you mind saying how much you are paying? im in so cal, and most lawyers want approx $2k plus these days, even for simple no asset, passed means test, chapter 7(like mine).

I defintely understand where you're coming from. Mine's a pretty simple case also, and the attorneys wanted $1500 to $1800, and I live in a small town in Pennsylvania. I could only imagine in California!

My paralegal only charges $150. From what I understand, if I were to go through an attorney's office in my area for paralegal assistance, it would be about $300. She works for an attorney but also has her own "bankruptcy preparer" business. I'm in the process now of filling out her questionnaire and gathering the documents needed. I'm hoping to file by the end of July.

Hope everything is going well for you.

JAG

sounds like a good deal. good luck, and dont worry about the 341 meeting, its a breeze.

I am also in Southern CA (Ventura). Can you provide give me the contact info of the attorney you settle on so I can check him out?

I'm in the process of filling out the paralegal's interview form. I'm taking it very slowly, double and triple checking each section as I complete it. I should have it completed by the weekend and sent off to her. I'm also doing the pre-BK counseling this weekend.

So far, I'm highly impressed with her. Her interview form is highly organized and written in plain English so it is easy to understand what information is needed (except when I try to read too much into a question and make it more complicated than it is...lol).

I have been in contact with her a few times to ask her specific questions, and she has always answered promptly, usually within an hour, and from the research I have done she has also answered each question I've asked correctly.

Just thought I'd keep you updated on how it was working out.

JAG

sounds like you have choosen wisely. let us know when you file and best wishes.

just wondering, what is your total debt?(mine is only $30k, but might as well be a million, due to income reduced by 1/3). how many creditors?(only 3 for me, i consolidated cc debt a few years prior). i am getting close to my discharge date and my creditors have sent me notices that my loans are forgiven due to BK, so i guess its pretty safe that they wont object at this point. im so glad i didnt pay a lawyer the $2500. for us simple 7s, i think Pro Se is the way to go.

My debt is around $30,000 also, with 6 creditors. I didn't lose any income, but last summer/fall when the price of everything started skyrocketing, my income no longer met the demand - my food expense increased about 30%, my electric bill went up about $20 a month, my budget heating bill increased by almost $40 a month...and then to add icing on the cake, all my credit cards increased interest rates thus increasing my payments. Then I began to sink.

By November/December, I was using credit cards to pay for food and necessities...and was crazy enough to hold out hope that I would somehow climb out of it in the new year. Finally the end of April this year, I sat down and took stock of things, really analyzed my bills, and I was paying around $700/month on credit cards alone - and my balances were barely decreasing. Again, I was deciding between paying bills and buying food.

Finally in June started investigating BK, met with a ton of attorneys, found one I loved but couldn't afford...and then found this lovely place and a solution to my problem.

I'm glad things have gone so well for you! It must be a relief...I'm happy for you!

JAG

sound very similar. im just a few months ahead as my income fell by 1/3 in jan as my cc's raised rates and min payments. when i filed i had a 680 fico with $15k still in avaliable credit, i could have milked it out longer, but just wanted to get a fresh start and out of the insanity of it all. i too knew there was no way i would ever pay off my balances in my life time(many sleepless nights, for many years leading up to this). keep us posted, good luck

Am I being ripped off? I was sent to the best BK attorney on Long Island and had to give him $3000 up front. Mine is a little complicated as I own three properties and have two lawsuits pending, as well as having to use the means test as I am over the median.

gowiththeflow, it does not sound like you are being ripped off because you have a complex case (based on your post). Having the mulitple properties and two lawsuits is a little more complex than a simple Ch 7 IMO.

Am I being ripped off? I was sent to the best BK attorney on Long Island and had to give him $3000 up front. Mine is a little complicated as I own three properties and have two lawsuits pending, as well as having to use the means test as I am over the median.

probably not, seems to be more than usual. and big city lawyer do get more. and if your doing a 13, night even be a good deal

Its $3000 up front and more if anything is opposed, chapter 7

that is getting up there, but then again, i was quoted(went to 3 lawyers for free consultations) between $2000 and me pay filing/courses and $2500 all included for a simple no asset, pass means test, chapter 7 in the los angeles area.

Yesterday, I got the draft copy of my BK petition from the paralegal. I've went over it with a fine tooth comb twice so far...and I was horrified to see I didn't give her my address correctly! Of all things!!! I left out a word from the street name. I was so worried with providing the correct info for creditors and personal property that when I submitted the interview form to her I never reviewed my address - one of the first things I typed on there...and typed incorrectly! LOL I sent her the correction, and it has already been taken care of.

Now, it's made me paranoid about the other info. I've been comparing it to all of my paperwork, and I haven't found any other errors...but I'm still going to review it a couple more times just to be safe.

Once I submit my approval, she will mail me the actual BK petitions (including all local forms and BK preparer form), so knock on wood I should be filed by mid next week.

I'm pretty nervous, yet feel relieved at the same time. The calls from my creditors are getting ridiculous. I'm taking the majority of the calls, but if any given creditor calls more than once a day, I will only take one of the calls. More and more are starting to call a couple time a day...what do they think changed from the time they spoke to me in the morning??? LOL I am furious at the one creditor today, as they called my boyfriend's grandfather...an elderly man who literally just got home from the hospital after having open heart surgery. I have no idea how they got his number...I know I never put it down for anything - I don't even know what his grandfather's phone number is!!!! I thought since I'm taking the calls they would ease up some, but they aren't...as more time goes by, they are calling more frequently. Funny enough, the one debt I have with a collection agency is the only one I never hear from! The rest are still with the original creditor, and they call incessantly.

Okay, I think that's everything for my update...and thanks again to everyone for your insight into this whole process.

~JAG

gowiththeflow, it does not sound like you are being ripped off because you have a complex case (based on your post). Having the mulitple properties and two lawsuits is a little more complex than a simple Ch 7 IMO.



I am new to the site and have just been trying to read around before posting, I am planning on filing pro se in the next couple of weeks. Am I understanding if you have lawsuits (judgments) then you shouldn't file pro se?

I am new to the site and have just been trying to read around before posting, I am planning on filing pro se in the next couple of weeks. Am I understanding if you have lawsuits (judgments) then you shouldn't file pro se? Frankly I would not file pro se unless I had a very simple, straightforward Ch 7. Judgments complicate a Ch 7, so if you go ahead and file pro se, you need to commit to a WHOLE LOT of extensive reading and research to clearly understand the filing process and potential pitfalls plus be able to deal with the judgment effectively when you file. Depending on the judgment, you may also have to petition the court after your bk is discharged and closed to get the judgment vacated.

Start by getting the NOLO book on how to file Ch 7 on your own - it's a solid resource (although not 100% reliable to answer every question accurately because the book doesn't include your district's case law decisions and your local court's and trustee's unique internal 'rules').

You can purchase the Ch 7 NOLO book here - http://www.nolo.com/product.cfm/ObjectID/F87C0B36-D2FB-4FE2-801B76AD0792C01A/catid/462A9501-9B21-4E09-A08C5A7B8AF51A79/213/161/. Current price is $21.99 + tax for the paperback and $17.99 + tax for the eBook download.

unless I had a very simple, straightforward Ch 7

That is the key, the catch 22 is, most people are not in a position to know if they are simple, straightforward case. :)

For most, (not all, but most), people, the risk of filing pro se is greater than the cost of hiring an attorney. Most people who file pro se do so for the wrong reasons.

That is the key, the catch 22 is, most people are not in a position to know if they are simple, straightforward case. :)

For most, (not all, but most), people, the risk of filing pro se is greater than the cost of hiring an attorney. Most people who file pro se do so for the wrong reasons.


Thank you, just a little background... Filing chapter 7, under median for means test, have an estimate 20 creditors and 10 yes that's right 10 judgments. Now 3 of those judgments have been satisfied, although the public record does not show this.

I graduated nursing school this year and am trying to turn my life around for the better. I have a child with a medical condition that has hindered me with jobs at times ( although I am in no way blaming my choices in life soley on that). Blah, blah, I am sure it is the same story with all people needing to file bankruptcy.

I originally started out just wanting to make arrangements with my creditors to make payments in exchange for negative information removed from my credit report. I have been pretty successful with some, some not. The reason I turned to bankruptcy is one of the judgments, the most recent, filed in April 2008 and granted April 2009, is garnishing my paycheck. And at 27% interest to boot! I have tried making arrangements with this creditor who claims to be a law office the original creditor gave the account to with no avail. They have actually been EXTREMELY RUDE on the telephone and tried lying to me by saying that once they have the judgment/garnishment, they cannot remove it, "it's against the law" is what the attorney stated to me. I have researched this and that is an outright lie. At that rate, I would never be able to pay off this debt. It has grown $2000 since the order was put on.

I want to do this the RIGHT WAY THE FIRST TIME! I don't want to mess up and not be able to discharge my debts or repay fees that I can't afford. I need to get this done asap also due to the garnishments. I can't afford to pay $1300-$2000 to an attorney to make my case for me and I make too much money for legal aid.

Like I said above, the ONLY reason I am filing is due to this one creditor, most of the others have agreed to work with me or are out of the statute of limitations. Any help/suggestions would be greatly appreciated.

To be honest, you should have filed bankruptcy years ago, you have been throwing money away paying and working with these creditors given your circumstances.

If you make too much money for legal aid, you CAN afford an attorney. Most attorneys will accept some sort of payment schedule to get your fees paid, BUT, the entire fee must be paid before the case is filed. You have been going this long, what is another 5-7 months to incrementally save for your attorney fees. Generally, when someone who cannot qualify for legal aid says they "cannot afford an attorney", (and sorry for being blunt) means they just don't want to put in the effort and sacrifice to do so (granted, the garnishment makes it tough)

Also too, if you are working full time and a have a child with "needs", you do not have the time to try to figure out BK.

To be honest, you should have filed bankruptcy years ago, you have been throwing money away paying and working with these creditors given your circumstances.

If you make too much money for legal aid, you CAN afford an attorney. Most attorneys will accept some sort of payment schedule to get your fees paid, BUT, the entire fee must be paid before the case is filed. You have been going this long, what is another 5-7 months to incrementally save for your attorney fees. Generally, when someone who cannot qualify for legal aid says they "cannot afford an attorney", (and sorry for being blunt) means they just don't want to put in the efford and sacrifice to do so.

Also too, if you are working full time and a have a child with "needs", you do not have the time to try to figure out BK.

Thank you again and you are correct, i should have filed years ago. As for my previous statement about not being able to "afford" and attorney, the reason is due to the garnishment! And waiting another 5-7 months is not going to put me anywhere but out on the street due to nonpayment of rent and utilities.

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I don't know if this is appropriate without prior permission from the moderators. I hope you have permission.

judgments are pretty much the same as any other debts. you'd list them in your petition exactly the same way as the other debts. the tricky part would be taking your bk petition to your HR office and getting them to stop the garnishments. they should stop garnishments immediately when they learn that you have filed bk, but they are human and could take some time.