Legal Question in Bankruptcy in California

Re: bankruptcy

I think - correct me if I am wrong - you mean paralegal? They cannot help you file bankruptcy, they can only prepare the documentation required to be filed with the court at your direction. They cannot tell you how to fill out any of the forms, how to exempt your assets, how to properly complete the means-testing form so that your bankruptcy is not considered an abusive filing, prepare you for the meeting of creditors, or any of the 100 little things that can get you into deep trouble with the Trustee, the US Trustee or the US Bankruptcy Court.

I suggest two things. First, go to your local bankruptcy court - you are in Santa Ana, so you would want to go to the Ronald Regan Federal Building, 411 W. Fourth Street, room 3-110 on any weekday between 9-12, 2-5 and observe an hour or two of the meeting of creditors. You will see the difference between a debtor represented by an attorney (their cases generally, if done properly, sail through very easily) and a debtor who is representing himself (these cases take forever, and the debtor almost always has to come back one or more times for failing to comply with the law). As a general rule, when I see people who represent themselves at these meetings, the Trustee hammers them because they just don't know how to prepare themselves, and their petition and schedules are generally not completed properly. I believe there is also a pamphlet in the room about paralegals and non-attorney bankruptcy petition preparers. Finally, on the Court's own website -www.cacb.uscourts.gov - there is a lot of information about non-attorney petition preparers and paralegals, including list of people who have been barred by the Court from preparing petitions.

Second, I suggest you meet with an attorney to discuss their fees. Frankly, for simple chapter 7 bankruptcies (assuming yours would be), most attorneys' fees are extremely reasonable, and though more than what a paralegal would charge, not so dramatically so that its worth your spending months researching how to do this properly before you can even file. Although I am down the freeway from you a ways, please feel free to email me directly to discuss our fees, and potential representation in a bankruptcy.

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