Wht Not bankruptcy paralegal?

2008-03-06 14:56:29

( Legal )



Are you facing this very critical decision? Is it advisable to hire a bankruptcy paralegal or should you approach bankruptcy law firms and hire an austin bankruptcy lawyer?

In 2005 new bankruptcy laws went into effect that are very complex. Bankruptcy attorney specialists are finding it difficult to meet all the requirements and understand everything about the law. This makes life very difficult for the bankruptcy paralegal to prepare a case properly, comply with all the regulations, assess potential problems and options and consider the case successfully. In these complex cases, quite simply a bankruptcy paralegal is not enough; you need an attorney specialized in bankruptcy law to help you.

When is it possible to hire a bankruptcy paralegal?

A paralegal service charges a small fee to take care of the paperwork necessary to file a bankruptcy. If the case is very simple this might not be a problem. But the reality is that there is rarely a simple case of bankruptcy anymore – it’s not worth taking a risk with a bankruptcy paralegal.

Why does “simple” bankruptcy not exist?

A major part of a bankruptcy petition requires questioning that is probing and insightful on the part of an attorney qualified in bankruptcy. A bankruptcy paralegal is prohibited from practicing law. This means they are not in a position to give legal advice – consequently they can’t ask you the questions they need to ask so that you can complete your paperwork correctly.

In many cases they do so anyway – illegally – and you end up with inaccurate and improper advice.

Legally they are allowed to make an assessment about laws and determine your best options, but they are not trained to do so adequately.

For example – they might tell you you won’t have a problem if you list a certain asset or if you reaffirm a certain debt - and then only months or maybe even years later you will discover that you could lose an asset or not be rid of a bad debt or some other problem.


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