Virtual bankruptcy assistants are trained professionals who work solely for licensed bankruptcy attorneys nationwide. One of the many methods they use for every case is an internet search for liens including judgment liens and liens against personal property. This information is necessary because it helps to protect the debtor from additional debts and potential litigation they may or may not be aware of. One good example was a man I was doing a bankruptcy petition for who divorced his first wife 18 years ago. Normally the previous marriage would not be listed on the bankruptcy petition because it was so old, however, when the first wife did not pay the mortgage on the residence the house went into foreclosure. Since the debtor was on the mortgage the mortgage company filed a judgment against him that he did not know about. eDiscovery revealed this hidden judgment and we were able to add it to the bankruptcy petition and get the debt discharged.
Another eDiscovery method used by virtual bankruptcy assistants is performing background searches that often show up previous spouses as well as previous addresses. This information can be very important especially if a debtor has lived in another state and failed to tell the attorney about it. In one case, when we found a debtor who lived in another state we were able to determine that she owed State taxes she did not reveal in her bankruptcy petition. Another case provided us with spousal information which helped us to find a current divorce proceeding that was still being litigated.
Finally, another use of eDiscovery virtual bankruptcy assistants use is a criminal search. Often, debtors do not like to reveal a criminal past; especially a criminal offense of driving while intoxicated and causing the death of another person. However, this type of debt was made non-dischargable by the court when the bankruptcy law changed in 2005. Prior to the law change, most debts of this type were discharged in the bankruptcy.
In summary, virtual bankruptcy assistants utilize the internet for a variety of eDiscovery purposes when they are preparing a Chapter 7 or Chapter 13 bankruptcy petition. The eDiscovery method can be something as simple as looking up a Kelly Blue Book market value for a motor vehicle to discovering a criminal past. One virtual assistant even found a debtor who had 9 different social security numbers when she used eDiscovery methods. After reporting this fraudulent action to the attorney she was working for, the attorney did not represent the client; thus protecting himself as well as his law firm from potential sanctions as well as lost time and money.
For additional information about virtual bankruptcy assistants, download your free eBook: What is a Virtual Bankruptcy Assistant at http://www.713training.com/getstarted.pdf Also review the information on the National Association of Virtual Bankruptcy Assistants at http://www.navba.org Feel free to contact us through either website with any comments or questions.
Victoria Ring
Certified Paralegal
http://www.713training.com
http://www.713attorney.com
http://www.713bankruptcy.com
