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Bankruptcy Petition Preparer Questions

Who is a Bankruptcy Petition Preparer?

A bankruptcy petition preparer is someone who prepares bankruptcy forms for people who want to file bankruptcy. Unlike attorneys, bankruptcy petition preparers are not allowed to give legal advice to individuals who want to file bankruptcy.

Would it be Illegal for a Bankruptcy Petition Preparer to give an Individual a List of Websites to Refer to before filing for a Bankruptcy?

It may not be illegal for a bankruptcy petition preparer to give an individual a list of websites to refer to before filing for bankruptcy. It would be considered illegal if the petition preparer advocated a particular way for the individual to file for bankruptcy. Giving the petitioner a list of websites to refer may not be considered illegal.

Can a Bankruptcy Petition Preparer be Involved in a 2004 Exam?

A 2004 exam allows any trustee or creditor to examine anyone who may have any information about the debtor’s finances. Hence, a bankruptcy petition preparer may also be subject to a 2004 exam.

Can an Individual File Bankruptcy on his/her Own?

An individual may file for bankruptcy by himself/herself. However, the bankruptcy can be a very difficult process as there are more than 60 pages of paperwork that is involved and a lot of forms to be filled. Hence, it would be ideal if an individual can hire an attorney to file bankruptcy. If an individual cannot hire an attorney, then he/she may seek the help of a bankruptcy petition preparer to file bankruptcy for him/her. The bankruptcy petition preparer will do all the paperwork that is required for filing the bankruptcy.

How much would it cost for a Bankruptcy Petition Preparer in Texas?

The cost of hiring a bankruptcy petition preparer may differ from state to state in the US. In Texas, the cost of hiring a bankruptcy petition preparer to do the paperwork before filing bankruptcy would be about $200 or less.

Does an Individual need a Commission Number from the Secretary of State to Practice as a Bankruptcy Petition Preparer?

The functions of a bankruptcy petition preparer are similar to that of a legal assistant. He may not have to be registered and bonded if he/she just provides the services of a bankruptcy petition preparer. However, if he/she provides people with services outside the scope of a bankruptcy petition preparer, then he/she may have to be registered and bonded with the county in which his/her business is located.

How can a Bankruptcy Petition Preparer Terminate a Chapter 13 Bankruptcy if a Customer does not want to Continue it?

A bankruptcy petition preparer may not have to do anything to terminate a chapter 13 bankruptcy. If an individual wants to terminate a chapter 13 bankruptcy, he/she may stop making the payments to the bankruptcy plan. The court will automatically dismiss the bankruptcy.

Knowing about the option of going to a bankruptcy petition preparer if one cannot afford an attorney will make it very easy for many people to file bankruptcy. Knowing about the duties and limitations of bankruptcy petition preparers will also help individuals who work as bankruptcy petition preparers do their job rightly.

Ask a Bankruptcy Lawyer

FiveStarLaw
FiveStarLaw, Attorney
Category: General
Satisfied Customers: 3317
Experience:  Bankruptcy Lawyer. Experienced.
9968427
Type Your Bankruptcy Law Question Here...
characters left:
Bankruptcy Lawyers are Online Now

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    Rate the answer you receive.

Bankruptcy Lawyers are online & ready to help you now

FiveStarLaw
Attorney
Satisfied Customers: 3203
Bankruptcy Lawyer. Experienced.
Terry L.
Attorney
Satisfied Customers: 2204
Better Business Bur 15yrs bankruptcy experience. Chicago Bar
Phillips Esq.
Attorney-at-Law
Satisfied Customers: 950
B.A.; M.B.A.; J.D.

Recent Petition Preparer Questions

  • To:Socrateaser Is there a deadline to file a request for

    To:Socrateaser
    Is there a deadline to file a request for a stay after filing an appeal?
  • I am currently in a personal Chapter 11 BK......it was six

    I am currently in a personal Chapter 11 BK......it was six years old as of two days ago....there was an initial payment plan filed in 2010 but that plan was not approved. Essentially, there are two big problems. 1) about $500k in IRS debt (90% of that
    is penalties and interest for failure to file for several years....those returns were finally filed probably 5 years ago at least....2) there is a criminal restitution lien that I am having a hell of a time getting rid of....that stems from something that
    took place way back in 1989. Anyhow, the court just sent out a request to either dismiss the 11 or convert to a 7. I have no assets. All of the real estate property I owned when the 11 was filed has been sold. 3 of the 4 properties sold were short sales and
    the other was not a short sale but since there was no equity in any of the properties to speak of the only people that were paid were the attorneys, the IRS, the State of Arizona and the Attorney General. So here is my question, I prefer not to convert to
    a 7. I would rather just have the 11 dismissed and then negotiate some type of settlement with the remaining creditors (all credit card companines and one law firm) and the restitution lien. What do you think? Also, if I do convert the 11 to the 7, does that
    then become a whole new BK filing where I have to fill out paperwork all over again? And then I have to wait for 90 days before the 7 is dismissed. I am pretty sure that some of the taxes cannot be dismissed even in a 7 but since I have no assets, I figure
    I can do either an offer in compromise with the IRS or prove I am insolvent. I am located in the State of Arizona if that helps. Please advise.
  • I have a question about Utah's equitable tolling theory of

    I have a question about Utah's equitable tolling theory of bad debt. Let's start with Idaho. This case law in Idaho shows Idaho doesn't have equitable tolling: Case No. 1:13-cv-00255-REB In Utah, bad debt collections can be tolled for bankruptcy filings,
    but is there any other form of equitable tolling? For example, the statute is six years on bad debt collection. If I were in bankruptcy for a full year, the limitations period goes to 7 years. What are some common things, if any, that would equitably toll
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