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

What Is a Waiver of Discharge and Why Would Anyone Want One?

If a creditor claims that someone who is about to file New York bankruptcy has waived his or her right to discharge the debt, its claim will almost certainly be rejected. Anyone who signs a form promising to not discharge a debt is probably going to be protected by the law. It would defeat the

Read More »

Qualifying for Chapter 13 Bankruptcy Is Very Easy

Chapter 13 New York bankruptcy can be a more flexible way to get a fresh start than chapter 7 or chapter 11, but debtors might be concerned that it’s hard to meet the requirements to file. On the contrary, the requirements for filing in chapter 13 are light. They’re mostly confined to 11 U.S.C. §

Read More »

6 Things Creditors Can Do When Their Debtors File Bankruptcy

My practice represents both debtors and creditors, and often the creditors (especially the smaller ones) are unclear on the process for their end when someone who owes them money files New York bankruptcy. It’s fairly straightforward, and there are definitely circumstances in which it helps to hire a lawyer. (1)  Usually the first thing that

Read More »

What to Do If You Are Moving While in Bankruptcy

Americans are a mobile people, so it’s not unheard of for them to move while their bankruptcy cases are still pending. Fortunately, bankruptcy is a federal matter so it’s fairly easy to transfer a case from one bankruptcy court to another if the move is a significant distance. Whether yours is a New York bankruptcy

Read More »

What Chapter Is Best for a New York Business Bankruptcy?

“Business bankruptcy” isn’t a legal term as there’s no designated chapter for businesses or businesspeople to file bankruptcy in. Thus, the correct question is which chapter is best for businesses and their principals to file in. The answer depends on the structure of the business and the principals’ goals for running it. For sole proprietorships

Read More »

It’s Not Always Worthwhile to Pay Off a Chapter 13 Plan Early

For people who’ve filed chapter 13 bankruptcy attorney Brooklyn NY ,  the question of whether to pay off the repayment plan early sometimes arises. It’s a tempting idea. Repayment plans don’t leave much discretionary income for debtors, and escaping the process can feel like a reward in itself. However, there are a few reasons to

Read More »
Scroll to Top