Bankruptcy Lawyer vs. Petition Preparer: Know Who to Hire

Jul 18
08:17

2011

Abraham Avotina

Abraham Avotina

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When filing bankruptcy, it may be hard to decide whether to hire a petition preparer, a bankruptcy lawyer, or anyone at all. Find out what a petition preparer can and cannot do before you make this decision.

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If you are trying to avoid the expense of hiring a bankruptcy lawyer by only paying for a petition preparer,Bankruptcy Lawyer vs. Petition Preparer: Know Who to Hire Articles you should know the type of help you are missing out on by taking this route. Petition preparers are much cheaper, but you will also get a lot less assistance during the process. Before you decide who is best to use for this procedure, you should learn the only things that this type of specialist can help you with, as well as what not to expect from them.

A petition preparer has the authority to type up the many documents required for this procedure. However, they cannot fill them out for you, nor will they tell you what you need. If you are aware of the paperwork you need to file, you can tell this type of specialist, who can then type it up for you. The process is quick and easy for them since they usually have software that is up-to-date and can generate the documents fast. Therefore, it is a good idea to hire this person if you do not have access to a typewriter or computer, or simply do not have the time to do it. However, you will still have to take the time to fill out the paperwork, and if you have any questions, you will have to research the answers on your own. For this reason, many people are willing to spend the extra money on a bankruptcy lawyer.

If you have questions about the chapter you should file, you should not ask a petition preparer because they cannot answer. Even if they knew the answer, which few would, they can get into trouble for attempting to reply to your question. In addition, preparers cannot tell you which assets you are in danger of losing when you file, nor can they say which are likely exempt. They also cannot say which debts should be included in your case, as you will have to ask a legal professional for these answers.

When you choose to use this type of specialist instead of a bankruptcy lawyer, you will need to represent yourself. This means you will not get any help when having to face your creditors in court or make a repayment plan, if you file chapter 13. You also cannot get any advice on the debts that will be included, which means you may be surprised when you still owe certain debts after the process is over. If you need these answers and do not have the money for a bankruptcy lawyer, you will have to research them on your own, meaning you will have to spend some time in a law library or online. Therefore, you may have to take time off work anyway.

If you are not sure at this point whether to get the help of an attorney, you should attend an initial consultation. This can let you know whether your case is straightforward enough to do on your own, or if you would benefit from legal help.

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