Differences Between a Bankruptcy Petition Preparer and a Lawyer

The differences between a bankruptcy petition prepare and a bankruptcy lawyer is that one can complete paperwork and the other can represent you in court. Filing personal bankruptcy such as chapter 13 and 7 consists of a mount of paperwork. Typically paperwork such as different bankruptcy schedules must be completed so that the U.S. Bankruptcy Court knows how much debt, income and property you have. In fact, bankruptcy cases can be delayed or dismissed when documents in the bankruptcy petitions are incomplete or incorrectly filed out.

A Bankruptcy Petition Preparer Completes Bankruptcy Documents for a Fee

According to the National Association of Bankruptcy Petition Prepares (NABPP) a bankruptcy petition preparer is a person who is an expert in the preparation of bankruptcy documents. In other words, the person accurately fills out documents on the behalf of people who are planning to file for personal bankruptcy. The person is not a bankruptcy lawyer, anyone associated with or who works for a bankruptcy lawyer (such as a legal assistant). The bankruptcy prepares the bankruptcy petitions for a fee. The fee varies depending on the preparer.

The Bankruptcy Petition Preparer Can’t Provide Legal Advice

The preparer can only complete bankruptcy documents, not provide legal advice. This means that the bankruptcy petition preparer can’t tell their clients about anything dealing with their potential bankruptcy cases. This means they can’t answer questions about which bankruptcy chapters to file, if they will keep property or if their debts will be discharged. In addition, the preparer can’t explain bankruptcy rules or the difference between chapter 7 and chapter 13.

A Bankruptcy Lawyer Is With Clients throughout the Bankruptcy Process

A bankruptcy lawyer is someone who has the training and expertise in bankruptcy lawyer. The person has attended college (four years of undergraduate study and three years of law school) and passed their state’s bar exam to practice bankruptcy law. The lawyer will meet with clients explain the bankruptcy rules and which chapter is better for you. In addition, the lawyer or one of their staff will prepare the bankruptcy documents.

Seek Legal Assistance about Filing Bankruptcy

Bankruptcy is extremely complicated. Thus, it’s best to seek legal assistance about filing bankruptcy and the process. A bankruptcy lawyer will file bankruptcy petitions and attend the meeting of the creditors with clients.

Related Topics:

• How to Become a Petition Preparer