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Paralegal for Chapter 7....

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    Paralegal for Chapter 7....

    Would you or has anyone considered using a paralegal to do you BK paperwork???

    #2
    Using a paralegal is basically just having someone else fill out your forms for you and possibly walking them to the court to file them for you. You are still totally responsible for the forms being correct and accurate. For me, since we didn't have any difficult issues to deal with, filing pro se made a lot more sense than paying someone to fill out our forms. By the time you compile all the information for the paralegal, you've practically done it yourself anyway.

    Keep in mind that a paralegal or a bankruptcy form prep firm are not permitted to give you any legal advice.
    Filed pro se, made it through the 341, discharged, Closed!!!

    Comment


      #3
      A paralegal is not an attorney and cannot provide legal advice nor represent you in court (I am one myself but I don't work in the bankruptcy field). How the paralegal filling services work, to give you an example, is if you gave me all your financial information for your bankruptcy and I prepared your paperwork from that information, had you sign it and filed it with the court. If something was wrong, you have the problem, not me, as I am not your attorney. The best thing to do for peace of mind and to prevent problems, issues and complications is obtain an attorney.

      Best of luck to you.
      _________________________________________
      Filed 5 Year Chapter 13: April 2002
      Early Buy-Out: April 2006
      Discharge: August 2006

      "A credit card is a snake in your pocket"

      Comment


        #4
        Originally posted by Flamingo View Post
        A paralegal is not an attorney and cannot provide legal advice nor represent you in court (I am one myself but I don't work in the bankruptcy field). How the paralegal filling services work, to give you an example, is if you gave me all your financial information for your bankruptcy and I prepared your paperwork from that information, had you sign it and filed it with the court. If something was wrong, you have the problem, not me, as I am not your attorney. The best thing to do for peace of mind and to prevent problems, issues and complications is obtain an attorney.

        Best of luck to you.
        Greetings Flamingo.

        Yes that is the fact. As matter of fact, in our case, I believe my lawyer's paralegal did all the work. My lawyer was never around and upon the last day of the year to file before we had to go back another six months of paper due to a Trust, she gave US hell for not being more prompt. It only took her near two years to get us into Court.

        We then filed a Motion to go pro se and release our attorney. Of course the Court had to honor that and lost her a day of work. The Judge said, "I suggest you drop this, as your case is relatively finished". So we did.

        As others suggested, if you are up to handling it, get the Nolo book, about $25 download pdf. It is very good. Just be honest and although we do not give legal advice, this place can advise you. Lot's 'O luck. 'Hub
        If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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          #5
          Im in agreement with the idea that a paralegal did all of our work with our ch13, and did the filing. So, what is the difference? We are going to dismiss our ch13 and possibly file a ch7. I have all the info from our creditors as well as all bank info and income verification. Only assets we have are used vehicles. So, other than that our case should be pretty straigh forward.

          Comment


            #6
            Originally posted by sassiebaz View Post
            Im in agreement with the idea that a paralegal did all of our work with our ch13, and did the filing. So, what is the difference? We are going to dismiss our ch13 and possibly file a ch7. I have all the info from our creditors as well as all bank info and income verification. Only assets we have are used vehicles. So, other than that our case should be pretty straigh forward.
            Did you retain an attorney for your 13? If so, even though the paralegal did the work, the attorney was responsible. If you just hire a paralegal for the paperwork, YOU are the only one responsible. It's certainly a personal choice, but most of the advice you'll see on this forum is that paying someone just to fill out the paperwork isn't the best choice. Again, totally up to you though.
            Filed pro se, made it through the 341, discharged, Closed!!!

            Comment


              #7
              Originally posted by sassiebaz View Post
              Im in agreement with the idea that a paralegal did all of our work with our ch13, and did the filing. So, what is the difference? We are going to dismiss our ch13 and possibly file a ch7. I have all the info from our creditors as well as all bank info and income verification. Only assets we have are used vehicles. So, other than that our case should be pretty straigh forward.
              Keep in mind that a paralegal CANNOT, by law, provide ANY legal advice to you. So, even something as simple as "hey, can I exempt these vehicles?" cannot be answered by the paralegal. They simply prepare the documents with the info YOU gather, the way YOU tell them to. No advice; NONE.
              Filed Chapter 13 on 2-28-10. 341 completed 4/14/10. Confirmed 5/14/10. Lien strip granted 2/2/11
              0% payback to unsecured creditors, 56 payments down, 4 to go....

              Comment


                #8
                Originally posted by momofthree View Post
                Keep in mind that a paralegal CANNOT, by law, provide ANY legal advice to you. So, even something as simple as "hey, can I exempt these vehicles?" cannot be answered by the paralegal. They simply prepare the documents with the info YOU gather, the way YOU tell them to. No advice; NONE.
                and, i'm sorry i have to add this...many do a TERRIBLE job...our paperwork had to be done 4 times since the paralegal didn't even fill them out correctly.....she even used, and this is after we told her over and over and OVER again she had the incorrect address for the house we were surrendering...(we have NO idea where she got an old address of 30 years ago!)...it was frustrating to say the least...finally we had to demand another face to face with the atty since the paralegal just could not get it right.

                no offense...and i'm also a paralegal...for 15 years....NO way would i use me or any other paralegal! no one other than an atty...although we had some complicated issues and even if we didn't i wanted someone who knew the system and the court AND the trustees...it made for a "smoother" BAD time...if that's possible.
                8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                Comment


                  #9
                  Anyone other than an attorney or somebody working under the direct supervision of an attorney who prepares your bankruptcy petition is a "bankruptcy petition preparer." They are basically your typist. Nolo has a good article on Bankruptcy Petition Preparers and their limitations. http://www.nolo.com/legal-encycloped...cle-29873.html
                  LadyInTheRed is in the black!
                  Filed Chap 13 April 2010. Discharged May 2015.
                  $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

                  Comment


                    #10
                    Hi sassiebaz,

                    From what I have seen on the forum, paralegals seem to run from 'waste of time' to absolutely great. ...and so do lawyers.

                    Whatever you do, before you shell out any $$ find out exactly what will be done and what will be extra ...and what extras are expected.

                    And don't be afraid to shop around, you might have to kiss a few frogs 'till you find someone right for you.

                    Tom in Colo
                    Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

                    Comment

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