Advantages and Tips to Consider If Hiring a Bankruptcy Petition Preparer

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The Bankruptcy Application Body (BPP) is an individual who is not a lawyer or a company that is not under the supervision of a lawyer. BPP prepares documents according to your instructions. You may be asked to complete an extensive questionnaire and provide confidential information.

Therefore, you must ensure that the Bankruptcy Applicant is trustworthy, complies with the Bankruptcy Code and adheres to legal guidelines to ensure that he or she does not engage in illegal legal practices.

The fees charged by most Bankruptcy Districts to Bankruptcy Application Broadcasters must be at or below the Court’s approved reasonable fees. In the Central District of Florida, the cost range should be around $150 for Chapter 7 and $175 for Chapter 13.

Of course, the cost may be lower under certain or pro bono circumstances. For the most part, a single debtor’s fees should not exceed $200 unless a person has 25 or more creditors. Ethically, BPP must charge a reasonable fee so that the debtor is able to pay and continue to pay the fees for filing for Bankruptcy.

WHAT CAN A PREPARER CAN DO A RESURRECTION APPLICATION:

  • Obtain the information needed to prepare the form either by written questionnaire, a copy of the statement, and/or through you in person
  • Type in debtor’s Voluntary Application, Exhibit D, Schedule Summary, AJ Schedule, Declaration, Statement and letter matrix (usually 54 – 60 pages) below You, Applicant (debtor), suggestions and directions.

PREPARER OF RESURRECTION APPLICATION CAN NOT:

  • Providing legal advice
  • Advertise using the word “legal” or other similar terms
  • Inform or tell you what chapter to submit
  • Inform or tell you what exceptions to claim
  • Inform or advise you on reaffirmation
  • Inform or advise you not to list debts or assets

WHY USE THE RESURRECTION PETITION COLLECTOR?

  1. There are several forms to prepare and you may not have time to fill them out one by one.
  2. Most BPPs have bankruptcy software that allows for faster preparation times to fill out forms than if you did it yourself. This software is usually too expensive for a one-time submission.
  3. A debtor may be too stressed or pressured to fill out a form.
  4. This may be more cost effective than hiring a lawyer.

Of course, a debtor is not limited to using a Bankrupt Application Broadcaster to structure his schedule. She may decide an attorney is needed to get legal advice for her particular situation. Maybe the debtor is unable to pay the filing fee, let alone the Broadcaster of the Bankruptcy Application to type the form.

Therefore, he can choose to prepare a form or get help from a pro bono source. Some sources that may be useful for debtors are:

  • US Bankruptcy Court – some videos, resources and PDF forms
  • Your state Bar Association – access to attorneys who specialize in bankruptcy and can take cases pro bono
  • American Bankruptcy Institute – pro bono service
  • Your state’s Office of Legal Aid – fee reduction or pro bono service

In any case, a Bankruptcy Petition Broadcaster should be able to assist you with your form as a Bankruptcy Petition Broadcaster and make every effort to provide services at a price you can afford. You may be asked to provide information on the 27 page Questionnaire by email prior to your appointment.

You may also need to provide credit and debit reports for the last 90 days, last 3 years and W-2 tax returns, last 60 days deductions, details of household items with approximate value and clothing/clothing value. At times, a debtor may need advice that is beyond the reach of the Bankruptcy Application Broadcaster. Debtors are not required to use BPP services to file for bankruptcy.

DISCLAIMER

This article is provided as an educational tool and is not intended to provide legal advice. If you need legal advice, contact a lawyer.

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