Petition Preparer for Bankruptcy? Orlando Bankruptcy Lawyers
You may have heard the term, “Petition Preparer.” the sole purpose of a petition preparer is to type information on bankruptcy forms. Do not attempt to solicit legal advice from petition preparers, and also be aware that it is unlawful for petition preparers to give legal advice. This is the job of the attorney. Therefore, be wary of petition preparers who may not comply with the legal requirements. Petition preparers must also sign their name on any document(s) that they prepare.
The process of hiring a petition preparer can, in itself, be a bit of a risk. Anyone can be a petition preparer for bankruptcy, and there is no age limit, educational background requirement, or required experience. There are no tests or background checks required. This is what a Petition Preparer can, and should, do.
- Type Bankruptcy Forms
- Include their name and social security / tax identification on every document they prepare
On the other hand, this is what a petition preparer cannot do:
- Give advice as to which Bankruptcy is to be filed
- Charge an unreasonable fee. According to 11 USC § 110, this fee should not exceed $150.
- Use the word “legal” in reference to any of their services.
- Give advice as to what assets to include or exclude
- Collect or handle bankruptcy or court fees.
- Give advice to a debtor as to what property is to be exempted
With the exemption of preparing the forms, the rest o the responsibility of the bankruptcy process rests upon the debtor. While Bankruptcy Law is not required to have an attorney handling the process of filing for bankruptcy, Bankruptcy Law is a very delicate and complex series of regulations, and a competent bankruptcy lawyer is highly advised. the Law Offices of Anderson and Ferrin are experienced in various forms of Bankruptcy Law, including Chapter 11, Chapter 13 and Chapters 7 Bankruptcy Law. Call Anderson and Ferrin, Bankruptcy Attorneys qualified to guide you along the right path to successfully filing for bankruptcy, today for a free consultation.
Bankruptcy Attorneys in Orlando, Florida.
Call today for a Free Consultation at 407-412-7041