Legal Question in Bankruptcy in California

I have had an initial meeting with the credit counseling and she suggested that I file a Chapter 7 and that her fees would be waived and I am in the income range that my court costs could also be waived. I have downloaded all the necessary forms and filled them out...I would feel more comfortable filing them if a bankruptcy lawyer or a qualified assistant could take a look at them to make sure everything has been done correctly. I will file as soon as I have taken the second class...I would appreciate any help that you could give me...Caroline Brask


Asked on 10/12/09, 11:40 am

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Caroline, I appreciate your post, however, you are probably not going to find an attorney willing to "review" your work product and opine that it has been done properly. The 2005 amendments to the Bankruptcy Code imposed a lot of new duties on attorneys, including a duty of due-diligence, which means we cannot just look and see if you filled out the forms properly. If I do that, I have to independently verify your information, and then I might as well be representing you in the case. A paralegal CANNOT give you any legal opinions, which would include telling you if you filled out the forms properly. Unfortunately, the reality is that you are either going to have to pay someone to represent you, or you are going to have to file the papers and hope you got it right. There are many good books on Bankruptcy, including a pretty good guide by Nolo Press. You can read that on Google Books, or you can go to the library. Its not comprehensive and I would always recommend that given the complexities of bankruptcy, you should be represented by an attorney, but if you just cannot raise the money, then that is an option. Good luck!

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 10/14/09, 7:56 pm


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