Legal Question in Bankruptcy in Georgia

Chapter 7
I relly can not afford legal represenation.

I have found a Paralegal service with ''10 years experience''.
They chrge 200 + filing fee's for chapter 7.

I have between 17k-19k in debt. I own a home with little equity 5%. and child support of 1,300. Most of my debt is charged of becauce of my divorce last year.

I make 3,500 a month and am of 31, years of age.

My question is, Do you beleive a Paralegal can prepare my documentation to where the Judge will grant the BK?

Second is, I was an ''Athorized user on a credit card with my ex'' Per decree I am responsible to pay 3,500.
The decree does have some Lingo refering to BK-7. This card was in my ex-wife name and I was an authorized user.

According to decree she is responsible for 1,500 and I 3,500.

Is there a chance I can discharge this debt?

Thank You,

Asked on 5/04/05, 10:41 am

3 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

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Re: Chapter 7

Do NOT even think of using a paralegal service. I see many of those cases when I attend hearings and they are disasters. Paralegals are unlicensed and have no training. They also can't go to court with you or help you with problems after filing.

In many cases lawyers fees are as low as a paralegal. My fees start at $290 plus court costs (based on the creditor count and what county you are in).

As to dischargeability of debts in a divorce decree, that's a complex area. You probably can discharge it, but that comes with a more detailed explanation than I can give here, and your ex could force a hearing on it in some cases. That again is a reason not to use a paralegal.

If you're in the metro Atlanta area, go to www.glenashman.com and get our worksheet if you'd like to come in for a consultation. And feel free to call me at 404-768-3509.

With a home and the other issues, and the fact a real lawyer won't cost much more than a paralegal, and you'll have someone with you the whole case, you need to rethink your plans to use a paralegal.

(I should note that it is illegal for a paralegal to practice law, so they also cannot tell you what to do with the papers).

Be aware also that there is a new bankruptcy law that goes into effect in a few months that is far less favorable than the current one, so you'll want to rush any filing if you choose to file.

Answered on 5/04/05, 10:51 am

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Scott Riddle Law Office of Scott B. Riddle, LLC

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Re: Chapter 7

Beware of these "paralegal services!!" All they do is fill out forms. They cannot give you legal advice, cannot appear with you in court when you have questions or problems, and will not be there to advise you on questions such as the one you have presented today. You risk a dismissal, or not getting all of your debt discharged, if you get bad advice or no advice.

You may save $3-400 now but it may cost you more by not getting a discharge of just one of your debts.

That said, you can generally get a discharge of property settlements, credit cards, etc. You cannot get a discharge of actual support obligations. A lawyer will have to review your decree and documents. These are things that a "paralegal" or document preparer cannot do.

Answered on 5/04/05, 10:53 am

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