Free Consultation
The office is open as per the NYS Covid-19 guidelines. We are now doing both in-person and telephone consultations. Please call the office at 718-855-6840 to schedule a time to speak with one of our experienced bankruptcy attorneys.

Bankruptcy Petition Preparers in New York Are Frequently Not Worth the Money

New Yorkers who have debt problems regularly don’t have enough money to pay a bankruptcy attorney. There’s a strong incentive to cut costs as much as possible, and one way to accomplish this, they’re told, is to hire a bankruptcy petition preparer. There are many reasons to steer clear of these folks.

Primarily, bankruptcy petition preparers are forbidden from giving any kind of legal advice. Lawyers, on the other hand, know the legal ramifications of their clients’ circumstances, which can influence their advice on which chapter to file in or which exemptions to choose, for example. These fundamental and critical issues are the precise ones bankruptcy petitioners are barred from discussing with debtors. Because they aren’t lawyers, bar authorities closely monitor petition preparers to ensure they aren’t engaged in the unauthorized practice of law.

On the other hand, bankruptcy lawyers are knowledgeable about non-legal information debtors need to know, even if they don’t ask. One big example is the tax implications of filing bankruptcy. Petition preparers don’t need to know this kind of information. They also might not be as good at maintaining their clients’ confidential information.

The bankruptcy code devotes an entire section to bankruptcy petitioners, including remedies for when prepares make errors. Indeed, as far as the U.S. Trustees Office is concerned, all bankruptcy petition preparers can do is type up documents for a reasonable fee. If you have the time, you could do their job at the local public library and save yourself the money.

Petition preparers aren’t the “lawyer-lite” that you’re meant to think they are. There is no alternative to an experienced New York bankruptcy lawyer handling your case.

For more questions about bankruptcy, the automatic stay, effective strategies for dealing with foreclosure, and protecting your assets in bankruptcy please feel free to contact experienced bankruptcy lawyer Brooklyn NY Bruce Weiner for a free initial consultation.

Rosenberg, Musso & Weiner, L.L.P
26 Court St # 2211
Brooklyn, NY 11242, USA

Recent Posts

The Benefits of a Short Tax Year Election to a Bankruptcy Filing

The last thing people who are considering filing bankruptcy in New York are probably interested in is filing two tax returns in one year.  Yet it is not only possible but also worthwhile to do in certain circumstances. First, what are we talking about? Federal law allows individual debtors (i.e. non-businesses) in chapter 7 or

Read More »

‘Abandoned’ Business Assets in Bankruptcy

It’s a sad truth that many businesses in New York fail, prompting twin chapter 7 bankruptcies for both the business and the owner. The two most common causes of businesses shutting their doors is lack of sales (obviously) and liquidity problems, which usually involve solid sales, but the business nevertheless can’t pay its creditors because

Read More »

Strategies for Preventing Repossession of Your Vehicle

Repossession agents (“Repo Men”) have unusually dangerous jobs. In fact the Repo Times (yes, there is an online publication dedicated to repossession news) has an entire “News” section that reports on the various incidents involving people attacking repossession agents. So, it’s important to remember that these are just people doing their jobs. They may be

Read More »

How Much Debt Do I Need to File Bankruptcy?

A common question raised by people who talk to a New York bankruptcy lawyer is “Do I have enough debt to file bankruptcy?” It’s a sensible question to ask because we tend to think that the law imposes minimum thresholds and other requirements in many circumstances, like speed limits. For a straight liquidation, chapter 7

Read More »

What is a Chapter 11 bankruptcy?

What is a Chapter 11 bankruptcy, do they ever happen in Brooklyn, NY, and do I need Chapter 11 bankruptcy attorneys to file a Chapter 11 case? 1.  Chapter 11 bankruptcy is “reorganization,” as opposed to Chapter 7 “liquidation.”  It’s frequently  used by corporations that need bankruptcy protection.  And it’s also often used by individuals

Read More »
Scroll to Top