Bankruptcy Petition Drafting Tip 6

The information contained in this article is solely intended to increase the skills of paralegals and other legal staff who are employed virtually or non-virtually by bankruptcy attorneys. This information is NOT taught in any law school or paralegal training course.

WARNING: This information is not to be used by non-attorneys to prepare bankruptcy petitions for the general public. The information is solely intended to train legal professionals working under the direction of licensed bankruptcy attorneys.

Bankruptcy Petition Drafting Tip 6

Where to Find Your Bankruptcy Court’s Local Rules

I just returned from a 341 Meeting with one of the attorneys we work for and it was a disaster. The attorney had not studied the local rules of the bankruptcy court and the Trustee was very harsh toward him about it.

In the Southern District of Ohio the debtors must supply a copy of the Recorded Mortgage and Deed, titles to their motor vehicles, 6 months of paycheck stubs, copies of life insurance policies and a host of other items at least seven (7) days prior to the 341 Meeting. Since the attorney had not advised his client of this, the paperwork was not available to give to the Trustee. The Trustee became so angry she gave the attorney only 24 hours to gather the information and hand deliver it to her office or she would dismiss the case.

Rather than risk this happening to your attorney, I suggest you go right now and locate the website of your bankruptcy court. To find your court, visit:

http://www.uscourts.gov/courtlinks/

Once you find your bankruptcy courts’ webpage, look around until you find their Local Rules and print them out. Read them over (especially anything dealing with the Debtor’s Duties) so you can relate this information to your attorney. Also, you should follow-up with your attorney to make sure the Local Rules are followed before the 341 Meeting. (This makes you a professional.)

Often, attorneys who work in a wide variety of law and rarely work in bankruptcy could face a problem like the one our attorney encountered today. As a specialist in bankruptcy, you will be one step ahead (and impress your attorney) if you are familiar with the Local Rules and remind him or her before the 341 Meeting.

AUTHOR BIO:

Victoria Ring is a Certified Paralegal and Bankruptcy Specialist. She has developed an entire line of training products and holds several seminars per year in drafting bankruptcy petitions. Her training materials have been approved by NFPA for 11 CLE credits. Additionally, Victoria Ring provides speaking and in-house training services for bankruptcy law firms. Visit her website at http://www.713training.com