A recent discussion regarding the importance of meeting with an attorney prior to filing bankruptcy was held by a few of us.
Valid points regarding a client obtaining advice from an attorney was brought up in the discussion.
Unfortunately, some people cannot afford the attorney fee.
More than likely, the bankruptcy pro se petitioner would not be in the predicament he or she is in if money was not a factor.
BANKRUPTCY PETITION PREPARER As a result, hiring a Bankruptcy Petition Preparer is an economical alternative.
A Bankruptcy Petition Preparer is limited by statute and case law in most districts to charge no more than $200 unless approved by the Court (usually base is $150 plus $2 per creditor).
A wise option when it comes to choosing a Bankruptcy Petitioner Preparer (BPP), is to ensure the BPP utilizes bankruptcy software for Petition and Schedule preparation.
For debtors who cannot afford an attorney or BPP, the bankruptcy software is costly and not feasible for an individual to purchase.
Therefore, an economical alternative instead of buying the software is for a bankruptcy pro se petitioner to utilize the Petition and Schedules through PDF fillable forms provided by the United States Bankruptcy Court.
If an individual intends to be a Bankruptcy Petition Preparer, do NOT use any term or advertise with the word "legal.
" Do NOT provide legal advice and ensure you fully understand the proper procedures for Bankruptcy Petition Preparers.
As of April 3, 2014, a BPP is required to provide the matrix diskette or CD.
The file should be saved in .
txt format.
The disc should be properly labeled with the debtor's name, creditor.
txt, and date.
The only file that should be on the disc is the credit.
txt file.

Example: John Doe creditor.
txt 4/4/2014

Currently, only attorneys may file bankruptcy documents electronically on PACER.
Individual debtors may be able to create a PACER account to view their files.
This may change in the future as more BPPs are utilized for the most frequently used non-business Chapter 7 bankruptcy filings.
BANKRUPTCY PRO SE PETITIONER What is the advantage of using an experienced Bankruptcy Petition Preparer? Unfortunately, preparation of the forms may be complex, require extensive research to ensure filled out properly, take hours to prepare, and may be very stressful for the bankruptcy pro se petitioner.
As a result, a BPP offers administrative relief and an economic alternative to the bankruptcy pro se petitioner by preparing the petition and schedules at a reasonable price.
Notwithstanding the complexity of filing bankruptcy, the Bankruptcy Courts are very helpful to pro se petitioners.
The United States Bankruptcy Court site is also extremely helpful with providing videos, lists of documents needed, and of course, the PDF fillable forms to assist the bankruptcy pro se petitioner with the tools necessary to file.
A petitioner is also educated by court approved Credit Counseling.
I do agree that filing bankruptcy is a last resort and should be thought over very carefully.
If an individual is handling his or her bankruptcy pro se, meeting with an attorney for at least a consultation would be highly beneficial.
Therefore, the individual would be informed of the consequences of his or her choice; and as a result, is capable of making an informed and sound decision prior to filing.
WHAT INFORMATION AND DOCUMENTS ARE NEEDED? Prior to your appointment, you will usually be provided with the Bankruptcy Petition Preparer Notice and Questionnaire to bring to the appointment.
You may also need to bring the last 90 days credit and debit statements, last 3 year's tax returns and W-2s, last 60 days pay stubs, itemization of household goods with estimated value, and clothing/apparel value.
DISCLAIMER This article is being provided as an educational tool and is not intended to provide legal advice.
If you need legal advice, contact an attorney.