What is a Bankruptcy Petition Preparer?
A San Jose bankruptcy attorney describes the
A bankruptcy petition preparer is defined as an individual or company who is not a lawyer nor works for a law firm that will assist your document preparation for your bankruptcy filing.
The generation of bankruptcy forms in the primary duty of the bankruptcy petition preparer. Sounds convenient, right? It certainly can be if you are in the position to spend the money, however there are drawbacks to spending your money with a petition preparer vs. an experienced bankruptcy attorney.
Some of the differences between a bankruptcy petition preparer and a bankruptcy attorney are obvious to some – the bankruptcy petition preparer cannot give you legal advice nor can they serve as your bankruptcy court representative. But take it a step further and you will learn that in addition, the bankruptcy preparer is unable to inform you which type of bankruptcy you should file according to your circumstances or advise you on which debts to list, which debts not to list, which assets to list or not list or what property to exempt – all decisions that must be made during the bankruptcy process.
Therefore it falls upon you to be informed in these areas, a difficult and time consuming tasks which carries great risk in that your bankruptcy may get dismissed for a simple mis-filed item, a missed deadline or misinterpretation of the instructions or bankruptcy law.
In summary, when using a bankruptcy petition preparer, you are the sole person in charge of your bankruptcy case.
If you have a question regarding Bankruptcy in San Jose please contact us at 408.279.2288 or 1800.941.6730 and we can connect you with one of our experienced San Jose Bankruptcy Attorneys. Sagaria Law can assist you with all aspects of your bankruptcy case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, lien stripping, a cram down, stopping a foreclosure or wage garnishment, discharging debt, etc. we can help! We have bankruptcy attorneys located throughout California who can assist in all of these important areas. Please complete our free bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy.
