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Category: Bankruptcy Law
Satisfied Customers: 17080
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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Hello Wallstreet Esq Regarding my petition documents, the

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Hello Wallstreet Esq:

Regarding my petition documents, the preparer has intentionally left name/signature spaces blank for non-attorneys and/or petition preparers and instructed me to leave them blank. They then said to provide the company name if the trustee asks who prepared the docuemnts. Furthermore, Part D of B3B asks if I have paid anyone in the preparation of the petition. Is this an area of conern; will it cause problems if I file leaving these areas blank and/or unanswered?


Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on.


Under the bankruptcy law a petition preparer must do the following:
Sign the documents. The preparer must sign the documents prepared for filing. [11 USC § 110(b)(1)]
Identifying number. The preparer must place his or her Social Security account number on the documents after the signature. [11 USC § 110(c)]
Preparer's name and address. The preparer must print his or her name and address on the document. [11 USC § 110(b)(1)]
If the preparer is not a individual, officer, principal, responsible person, or partner of the bankruptcy petition preparer must sign, provide his or her Social Security account number, and print his or her name and address on the document.
Copies of documents. A bankruptcy petition preparer shall furnish the debtor a copy of the document no later than when it is presented for the debtor's signature. [11 USC § 110(d)]
Fee declaration. The petition preparer must file a declaration under penalty of perjury with the petition. That declaration must include:
Disclosure of fees received from or on behalf of the debtor within the 12 months before the filing of the case.
Disclosure of any unpaid fee charged to the debtor.
If the rules or guidelines have set a maximum fee for services, a declaration that the bankruptcy petition preparer gave notice to the debtor of the maximum fees before preparing any document for filing or accepting any fees from the debtor. [11 USC § 110(h)(1)]


In reality many small time preparers do not want to attach themselves to any possible liability and that is why they request that you not included them.


However, be aware it is required under the Bankruptcy law to do so.


If you were filing, and all you have is the company name from the website (no phone and no address), would you complete relevant sections for the petitioner or turn it in as is and see what the trustee says?


Yes, you should list the company name, and the trustee would contact them for the information if he needs it, most often unless their is a fraud in your petition the trustee would not bother.

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