QUESTION:
I am a mortgage broker and often have clients who need to file bankruptcy. Could I provide that service to them or does it have to be done through an attorney? I have an extensive background in all kinds of financial services. Thank you for your time.
Suheil
ANSWER:
No, the law was changed in 2005 to prevent non-attorney preparers from having the ability and power to harm consumers by helping them file bankruptcy without an attorney. Consumers are best protected by hiring an attorney. Some of the best attorneys in the United States can be found at http://www.nacba.org
You may be able to make money by working with two or three bankruptcy attorneys and referring cases to them. Simply provide a list of several bankruptcy attorneys to your clients as well as providing the client information to the attorneys for their follow-up. You would sell this list weekly to attorneys for their marketing purposes. Keep in mind though that you cannot refer clients to ONE attorney. You must refer them to TWO OR MORE so they have the ability to make their own choice. However, the more attorneys you have on your list the more client contact lists you can provide to them on a weekly basis.
Another option would be to learn the skill of preparing Chapter 7 and Chapter 13 petitions and provide this as a service to attorneys nationwide. These are the skills that I teach through http://www.713training.com
Victoria Ring
QUESTION:
I was going through Schedule Bs list of categories and #17 raised a question. It reads: Alimony, Maintenance, Support and Property settlement.
If my client receives (monthly basis) Alimony from her ex-spouse does it have to go into Schedule B, category #17, along with listing it as income in Schedule I, under Alimony payments?
Armida
ANSWER:
No. Only child support that is previously owed to the debtor is listed on Schedule B. If the debtor is not owed back child support that is or is not uncollectable, the income is NOT listed on Schedule B. Instead it is simply listed on Schedule I as normal monthly income. Also be sure to include the average income from child support that was received over the 6 month period on the Means Test also.
Victoria Ring
QUESTION:
Do you know of a web site where I could find the value of a manufactured home? I have searched high and low and most want you to pay a fee.
Armida
ANSWER:
You can try several things:
** Do a Google search for the make and model of the mobile home: i.e., 1987 Breezewood which may lead you to an advertisement where someone is selling this type of mobile home; or do a search on EBay or other auction website. However, unless you can locate an exact match this method will probably be questioned by the trustee.
** Try a search on http://www.zillow.com
** Try http://www.nadaguides.com. Depending on the age of the manufactured home, the market value may still be available on NADA.
If all else fails, your attorney may order the debtors to obtain an appraisal so that an accurate market value can be obtained for the bankruptcy petition; however, that is an issue your attorney will need to address. Your job is to do your best to find a market value for the manufactured home and print out the web page you find it on for verification that the attorney takes to the 341 Meeting. But you need to also inform your attorney that you could not obtain an accurate market value online and he or she may wish to order an appraisal.
Victoria Ring
QUESTION:
In regard to emailing an attorney a draft of a bankruptcy petition, would I simply email the petition as I did to you last night, or is there a procedure that you have covered in your training materials and I am having difficulty locating same? I would greatly appreciate your input on the correct method to forward a petition along for review whether it is for you or for an attorney.
Gerry
ANSWER:
You email attorneys a PDF version of the bankruptcy petition for review. In Best Case, you open up the case, double click on the printer icon to the RIGHT and highlight all the documents, select PRINT and PRINT TO PDF. Finally, you send the PDF file as an attachment to the attorney.
However, if you have an attorney who prefers to tweak his or her own petitions after you have finished with them, you may want to take time to learn the bankruptcy software your attorney uses. Most bankruptcy software programs are similar. Some people prefer one over the other as far as their functionality, but the final result of the documents the software produces remains the same. A bankruptcy petition is a standard government form just like a 1040 Tax Form or other government form.
The only problem with this is that attorneys often tweak their petitions and forget to provide the bankruptcy assistant with an update to the case file. Or, the attorney sends a copy to the bankruptcy assistant and the bankruptcy assistant forgets to delete the old file and install the new one before filing the bankruptcy petition.
To prevent problems like this from occurring, the bankruptcy assistant will provide the attorney with a PDF version. If the attorney wants to make changes on the bankruptcy petition, he or she can mark the changes with a black* felt-tip pen on the actual petition page. The attorney will fax, scan or email the pages with changes on them back to the bankruptcy assistant and the changes can be made on the master bankruptcy petition. This method will ensure that only one master bankruptcy petition copy exists, which eliminates problem versions.
* Why a black felt-tip pen instead of any other color? Because when a scan is made from a mark made by a black felt-tip pen, it will scan properly. Other colors will fade during the scanning or copying process.
Victoria Ring
QUESTION:
I recently became a member of the NAVBA and I am in the process of completing the VBA Certification Exam. Could you please tell me if Victoria is still offering VBA Positions?
Tom
ANSWER:
Yes, we will continue accepting applicants for many years to come because bankruptcy is an ongoing process and we will always need good people to help us. However, it seems that only a few actually pass the exam because they do not study the materials before taking it. I hope you achieve higher scores so we can work together. But even if you do not receive a high score, you will still have the skills to work for attorneys in your area or even nationwide simply by studying the materials. Obtaining skills does not limit you to solely working for us alone.
To purchase training materials, visit:
http://www.713training.com/shop
QUESTION:
Thank you for the information regarding the software company. I wanted to write you today because I ran into the same problem but listed below is how I managed to work around the problem.
I had to deal with the same thing but in my case my attorney refused to give Best Case $1.00 on principal. He uses Best Case but manually has his people file the paperwork at the court house.
When I came on board I could not understand that they were doing it the old fashion way and I also could not believe that the Central District of California was allowing them to do so. I thought it was mandatory to ECF but I was wrong at least in my area.
To make a long story short; I had to find a way around Best Case in order for me to work with this attorney because he refuses to give them $1.00. So with his permission I learned or logged onto the courts website and learned how to ECF on their website. Here is what I was able to figure out; I create or enter the petition as usual using Best Case. Once the file is completed, I prepare it for ECF filing. Best Case puts my petition in the proper format to send to the courts including the matrix in a text form. I then go directly to the courts website and open a “new bankruptcy” and pull all the information they are asking from the petition. When I get to the area where you are asked to down load your petition, I go to my C drive and under Best Case I click on ECF filing; my petition is there for me to paste or load into the courts website. I always open and make sure that it is the correct petition before I send it and so far it has worked and my attorney is fine with me working this way. I have now submitted 3 petitions on his behalf this way and so far so good.
I also have developed a relationship with the help desk and call when I need to. They are sometimes helpful and some days they are not nice but I do the best I can with them.
Victoria, my way of thinking is [survival] because my income has dramatically dropped (I got laid off last Dec) and I have to find a way to make some money. Although my attorney is quite frugal and I don’t believe that I am getting paid right, I have learned so much from having access to this office and his paralegal. I see it as a give and take relationship. I hope for more work as soon I build my knowledge and confidence.
Thanks for being so a great influence in my work.
Armida
ANSWER:
I am very proud of you for finding ways to work around your problem. This take a creative mind, which it appears you have plenty of. Keep in touch. You have a great career ahead of you in bankruptcy.
Victoria Ring
QUESTION:
I am a Virtual Bankruptcy Assistant and have purchased several of your training books and materials. I would like to ask a question. Is there a way around purchasing plans from Best Case for every state you work in? I work for three different attorneys in three different states. In most cases I only prepared the petition, but now they are requesting that I amend plans and efile petitions, which I have no problem doing. But purchasing plans at $150.00 each (I think) is expensive and each plan will increase my yearly maintenance up to $75. That means, if I pay for the plans today, I will have to pay $450.00 today and $600.00 a year to maintain my account with Best Case. Please assist. I await your response before doing anything.
Annette M. Harris
ANSWER:
Annette, for you and many other people who emailed me the same question, I researched and put together an excellent reference tool for you. Simply go to the link below and download all the additional forms you need FREE OF CHARGE:
http://www.713attorney.com/links/forms.html
Victoria Ring
TESTIMONIAL
Last week I received my first case from Attorney Borgia. He is such a sweetheart! He said that he had 8 or 9 almost complete pay and he feels they should be ready by the end of the month.
A new lawyer in Fort Lauderdale sent me a chapter 13 last week and I just finished the plan today. I played your video last night until 2am. It finally has clicked.
Thank you once again for your knowledge and kindness. I also agree, attorneys don’t understand the redemption concept, its up and downs.
Mary Sosa
TESTIMONIAL
Thank you very much for the book! I am working my way through it now and am very grateful for it! The first attorney who contacted me after our mailout asked if I could do Chapter 13’s, too, so I think they may get a lot of 13’s here due to the higher incomes at places like Intel and Motorola. Some friends we know who are considering bankruptcy didn’t qualify for Chapter 7, so they have to file Chapter 13 if they decide to file.
Lynn Goodrich
TESTIMONIAL
I would like to thank Victoria for her diligence, wisdom and willingness to share this valuable information with those that have a desire to enhance their bankruptcy skills and knowledge. I cannot begin to tell you how it has blessed me tremendously. I have been a legal secretary/legal assistant and recent paralegal graduate for over 20 years and never have I run across such detailed and practical material.
Shirley Bobbitt
TESTIMONIAL
Dear Victoria,
Thank you for what is again a wonderful piece of advice. I have only been receiving your communications for a short time now, but rest assured that I find your wisdom to be of infinite value, and I think about it a lot as I am working on getting started in my bankruptcy practice with absolutely no capital. The first thing I read that you wrote was about emphasizing the value you can provide to your customers. Let us hope that your kind actions and help will inspire this lady and many others if not today, then tomorrow.
You know, I have been talking to some people I know about your story and your fantastic business…legal assistants I know and some attorneys. I think it is a wonderful way to go for both. I do realize that Bankruptcy law has long had some sort of distaste about it. When I recently underwent ECF training at the courthouse in Tampa, I picked up a court brochure which said that during the Middle Ages, debtors were put to death or imprisoned, and this practice continued as the New World was colonized. So, it seems that the stigma goes back a very long way. Maybe this subconscious stigma had something to do with why the woman stayed at bay. It is so hard to explain human behavior sometimes.
I understand some of her answers to your questions, such as regarding the worry of how to handle a lot of business if she is not prepared mentally or set up business wise to do so in an efficient manner. Maybe she is afraid that she is inept at electronic transactions and is finding her way to admit it and do something about it. Maybe she is afraid or does not want to work so many hours. I am sure that you had a much bigger impact on her than you think you did. Regardless if you did or did not, I want to tell you how much I admire you for taking that time and effort to provide your assistance and wisdom. You certainly assisted me on various levels, and I trust that you helped many others too.
I think your business story is wonderful, your advice is priceless, and that you are a wonderful, caring person. Whomever I can direct to you, I will. I also want to thank you for the Florida attorney contact that you gave. I do plan to contact her and introduce myself. Your offer of personally showing people to the gorgeous sites around your area in connection with the upcoming training session was truly a beautiful gesture. Finally, thank you for writing this message and sharing such important information with all of us. You are awesome, and I wish you the most wonderful success and happiness in your new home in Colorado Springs!
Warm regards,
Colleen ORourke, Esq.
REPLY FROM VICTORIA RING
Attorney ORourke –
It humbles me to read your email and I sincerely appreciate your vote of confidence in me. I will continue doing my best and hope you keep in touch.
Victoria Ring
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