Issue 167
The following questions are from attorneys and virtual bankruptcy assistants that we received this past week. The answers are provided by Victoria Ring, a paralegal (not an attorney.) If you have a question you would like answered by Victoria in a future issue, please email it to her at:
victoria@713training.com
Need immediate support with your bankruptcy petitions? See the Important Notice at the bottom of this issue.
QUESTION
I am trying to help another VBA. She emailed and said she could not get Schedule I and J to balance. I sent her back the following reply and I wanted to know your feedback on my reply. My reply to her was:
The purpose for the bankruptcy is to help a person that has had difficulty in paying their bills, to get a fresh start, so that they can pay their bills, and be a contributing member of society, rather than to just wipe a bunch of debt, and let them continue to not pay their bills. So, if the debtor is $4,200 in the red every month, something will have to change or the trustee will dismiss the case, and the petition was filed for nothing.
ANSWER
You committed unauthorized practice of law when you stated: [or the trustee will dismiss the case.] When did you become an attorney? You cannot predict when or if a case will be dismissed.
I am presenting this feedback to you in this forceful manner in order to help you realize the mistake you made can be CRUCIAL TO YOUR CAREER. In fact, this statement could actually destroy your company if you continue to say things like this. I strongly urge you to begin with the FREE online quiz I developed at:
http://www.quia.com/quiz/1790405.html
The next step is to enroll in an online Legal Ethics course through a paralegal organization such as http://www.paralegals.org
and advance your knowledge in this area.
An alternative to the statement you made would be something like: [there is a possibility that the trustee could dismiss the case.] As a non-attorney, remember to use words that NEVER LOCK YOUR STATEMENT IN so that it is NEVER regarded as legal advice. For example: using the word [will] indicates that you are an attorney and have jurisdiction over the Trustee. By using the words [there is a possibility] you are NOT putting your back against the wall. You are simply saying that an event could or could not occur and your answer does not take a specific stand in any direction. (Politicians use this age old tactic all the time.)
An attorney taught me these methods so that I would not commit unauthorized practice of law and cost him money in possible lawsuits. (Attorneys take an oath to be responsible for the non-attorneys they employ.) Below are a couple of references to help you get information on this topic:
http://www.bestwebbuys.com/9780735529045
http://www.abanet.org/cpr/mrpc/rule_5_5.html
http://www.training-classes.com/programs/00/07/757_ethics_and_the_law.php
http://www.theelearningcenter.com/detail/ethics_
QUESTION (actually a COMMENT)
This petition you sent me to do has been a really good learning experience. The biggest lesson I have learned is to absolutely INSIST that the Client Intake Forms be filled out…ESPECIALLY the debt sheets. Holy smokes! It is ok that I have spun my wheels a ton on this one…because I have learned.
As I am sure you are well aware, when you do not have the needed information, it makes it a lot tougher to remember where you are at, what is missing; when you are going back and forth, back and forth, etc. How many times can a person ask for the same data? LOL
Next time I am going to say to the client: [OK, here are the debt sheets. Fill them out completely for each and every debt, and get it back to me when you are done. Then I will begin the work.] When you learn the hard way, you do not typically make the same mistake twice!
ANSWER
I used to feel exactly the same way you do when I first started doing bankruptcy petitions. Unfortunately, you will learn that clients NEVER fill out the Client Intake Forms with the level of detail we need for preparing the bankruptcy petition. Throughout my career and after being involved in the processing of thousands of bankruptcy petitions, I have only experienced TWO clients who filled out the Client Intake Forms accurately and completely. Although my personal experience certainly does not count for all the bankruptcy petitions being processed, it does show you that the experience is rare. Therefore, it would probably save you a lot of stress if you accept incomplete Client Intake Forms as a fact of life and rejoice if you ever come across a complete one.
Another way to look at the situation is to place yourself in the other person’s shoes. The average individual or married consumer who files bankruptcy is normally not organized. If they were, they probably would not be filing bankruptcy. You cannot expect Chapter 7 and Chapter 13 debtors to suddenly acquire skills they never had before. All you can do is coax them into developing organizational skills such as insisting they read the Instruction Page provided at the beginning of the Client Intake Forms and following the information. If you need a free set, download them at:
http://www.713training.com/intake_forms/index.html
…. more questions and answers coming in the next issue
IMPORTANT NOTICE
Are you an attorney, paralegal, legal assistant or virtual bankruptcy assistant currently preparing bankruptcy petitions and you need some training and support? 713Training.Com offers two methods to help you:
Method No. 1: Join the NAVBA for as low as $19.99 and receive an immediate array of various training and support options; or
Method No. 2: Pay-as-you-Go with the Bankruptcy Petition Review service we offer. Links to both options are provided below:
Join the NAVBA
http://navba.org/JoinNAVBA
Purchase Bankruptcy Petition Review Service
http://www.713training.com/shop/cart.php?m=product_detail&p=86
