Why do lawyers(trustees) in Bankruptcy courts feel that the only people who are qualified to prepare ..??

Question

>>>Bankruptcy Petitions have to be lawyers? Several months ago I prepared a Chapter 7 Petition for a very dear friend, I went to the library, read just about every site that addressed bankruptcies, obtained the proper forms (on line!) and submitted the petition (in her name Pro Se). I charged her a $100.00 fee and signed all of the paperwork required by the court confirming that I was a non-attorney.bankruptcy preparer (There were about 5 or 6 different declarations) as required. The first Creditors Meeting (called the "341") was held and the bankruptcy proceeded until conclusion,
While in college, I worked a few summers with a law firm in New York that specialized in bankruptcies.This was BEFORE the new law went into effect in October '05.
Yes some of the new paperwork is rather cumbersome and tedious but it is not impossible for a non-attorney to prepare the petition.
I did this as a favor.I made no mistakes, And her bankruptywasdischarged.

I gave her no legal advice at all. I simply prepared the paperwork based on what she provided to me. Plus she read a lot of the same information I did.

Answer 1

I think lawyers need to maintain a facade of being essential when often you can do many things without them. I suppose many people are unwilling to do the required research and time investment themselves, but I guarantee that no lawyer charges only $100 for a bankruptcy. Many lawyers do no other work than bankruptcies, so that is their bread and butter, and it is in their own interest to perpetuate the idea that a lawyer is required for these proceedings.

Answer 2

It depends on the laws in the jurisdiction.

Most require any legal advice (even bankruptcy advice) to be provided by attorneys. However, some allow an non-attorney to act as a scrivner (someone who fills out paperwork) for bankruptcy or other legal matters.

The difference is whether you just filled out the forms, based on information provided by the client, or whether you told the client what to do (which usually counts as legal advice).

I haven't look at the 2005 laws, so I don't know what they say. But the basic rule is that you must be licensed to provide legal advice, but don't need to be licensed if you're just writing or typing things down based solely on the client's instructions.

Answer 3

There are good non-lawyers who can file petitions in bankruptcy laws. The law on this matter must be amended in order that non-lawyers will be given opportunities to practice especially when helping friends and relatives.

Answer 4

in general actually the attorneys don't really fill it out, thier clerks do on the computer, they have fill in the blank forms that they merely enter data and the forms just print out.

After that the attorney just signs them.

Now with that said I have filled out forms on many occassions for court and have never had an issue with anyone on them, in fact once the trustee even told the court it was the best filing he had ever recieved.

and in many parts of the nation there are para legals that are in business doing nothing but this.

the real issue is that most people need legal advice which para legals can't give.

Answer 5

You cannot file for bankruptcy without official legal representation.