How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask socrateaser Your Own Question
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 39145
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
Type Your Bankruptcy Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

Was it illegal for the bankruptcy preparer to give me a list

Resolved Question:

Was it illegal for the bankruptcy preparer to give me a list of websites to use as a sample to complete my chapter 7 petition. She didn't tell me which site to chose but I did use one of the ones on the list as well as the key words suggested to use in my online search.
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 6 years ago.
Bankr. Code § 110(e) provides a list of those things that a bankruptcy preparer is prohibited from doing.

In particular, a bankruptcy preparer may not provide legal advice. The term "Legal advice" is one of the most difficult legal terms to define with certainty -- primarily because by maintaining its ambiguity (some might argue, unconstitutional vagueness), it is far more difficult for nonlawyers to try to find a loophole with which to practice law without practicing law (for lack of a better phrase) -- and equally difficult for lawyers to engage in unlawful partnerships with nonlawyers who try to obtain payment for assisting lawyers in practicing law. In point of fact, no Michigan case either in federal or state court, defines the term with certainty.

In general, legal advice may be described the act of advocating a course of action in connection with a legal matter. Whereas a recitation of statutory law is not legal advice, because it merely states what is factually true.

For a bankruptcy preparer to provide a list of websites where sample bankruptcy pleadings may be found, is not, in my opinion, legal advice, because the list does not advocate any particular course of action. It merely states what is factually true, i.e., that the sites provided contain information about how to complete a bankruptcy petition.

Hope this helps.

NOTICE: My goal here is to educate others about the law. I am always available to answer your follow-up questions after you click Accept – however, if you do not click Accept, the website gets paid, and I receive nothing. This is true, even if you are on a subscription plan. So please click Accept, so that I will be able to continue to provide this service for others in the future.

And, if you need to contact me again, please put my user id on the title line of your question (“To Socrateaser”), and the system will send me an alert. Thanks!

socrateaser and other Bankruptcy Law Specialists are ready to help you