Bankruptcy Law

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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.
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