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Using a Paralegal for Bankruptcy

Submitted by Lorri on Fri, 12/29/2006 - 19:08
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When I filed bankruptcy, I used the services of a local paralegal. The paralegal explained to me that when you use these types of services, it is considered a type of "do-it-yourself" bankruptcy. The total fees were between $400-$500, I can't remember the exact dollar.

The paralegal did all of the filing of the papers with the bankruptcy court. All I had to do was give her all of my debt information and then show up in court on the appointed day. I was kind of nervous about the court thing, but it was about as impersonal as you could want.

I thought this information might be useful to someone who was thinking about filing bankruptcy, but concerned about attorney costs.

I did learn something from the paralegal (outside of the obvious lessons about debt). I learned that bankruptcy is commonly referred to as a "BK".


Oh yes, most definitely a paralegal can used for a divorce. I know because my brother's fiancee' is using one for her divorce. Though, I think it has to be the type of divorce like where there are no custody or property issues (not sure though). But, a paralegal definitely does do some types of divorces.


Submitted by Lorri on Fri, 12/29/2006 - 22:01

Lorri

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Lorri, See I told you this was going to be a useful post. Many people are in need of legal services. I sure didnt know this. Great information as usual. KYSIDE38


Submitted by KYSIDE38 on Sat, 12/30/2006 - 12:04

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Lorri Thanks for the information, but I had an appointment set up already today with an attorney and I was so releive that I hired him. The cost is alittle dear, but it is cheaper than what I have been going through. And the best part is that he will take all of the calls that I get from any of the companies. And take care of my account that is over drawn. And he stress the point DO NOT USE THST ACCOUNT FOR ANYTHING AND DO NOT GIVE MY NEW ACCOUNT OUT he said even to my insurance company. Not until we have finished with all of this.


Submitted by Colleen H Carrocia on Sat, 12/30/2006 - 13:01

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As a matter of fact when I filed for my BK, the lawyer I paid for didn't do anything just his paralegal did all of the work. You don't have to be an attorney to file paperwork.

That's good that you found a paralegal that can do the paperwork for you. Numerous times I have done my family member's bankruptcies, filed it and everything and I just asked that they pay for the filing fees. I didn't ask for anything in return. I didn't want them to file but they had no choice.

Oh the things we learn now instead of back then. I could have saved myself so much money.


Submitted by Alexandra on Sat, 12/30/2006 - 17:22

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Alexandra---I remember the paralegal telling me that it wasn't a difficult process and thats why they have do it yourself bankruptcies (which sounds just like what you do with your friends). I guess where it gets more complicated is if you own a business or property or something?


Submitted by Lorri on Tue, 01/02/2007 - 10:39

Lorri

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irish---Sometimes paying a little extra money is worth it to get something taken care of and out of your way. I totally understand why!

The paralegal I worked with also took care of all calls from creditors and THAT in itself was a real blessing. Its like once you say BK, the creditors ask for a case number and phone number and that's it.


Submitted by Lorri on Tue, 01/02/2007 - 10:42

Lorri

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So far today the onlyone giving me a hard time is that True Logic and for the life of me I do not remember having a sears charge, but then again at that time I had a very ill child - so who knows. They were just very snotty on the phone about the whole thing - but then again - I think that to go after someone for a 14 year old debt is pretty drastic!


Submitted by Colleen H Carrocia on Tue, 01/02/2007 - 11:16

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Someone else may know the answer about a 14 year old debt, but isn't there a SOL on something that old? And as for the Sears charge, you know that they bought out either all or some of the Kmarts. So if you ever had a Kmart charge (which they do have) it might be listed like that. Have you ever bought any appliances at Sears that you made payments on?


Submitted by Lorri on Tue, 01/02/2007 - 11:20

Lorri

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Well, it depends on the statute of limitations which is usually seven years that they can place it on your credit report. But they can go after you by transferring the debt to another company. But after fourteen years, if they are unable to collect their money, I would just chalk it up as a lost and move on. I would highly doubt that they can still pursue you for a debt that old.

I would recommend that you do like I had to do for my grandmother when a company came pursuing her for a debt that was more than seven years old. I sent them a cease and desist letter prohibiting them from contacting her anymore. You might want to consider that option.


Submitted by Alexandra on Wed, 01/03/2007 - 20:17

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Irish I wouldnt worry about a 14 year old debt. Just include everything you know of in your case. You know what I amm talking about. KYSIDE38


Submitted by KYSIDE38 on Wed, 01/03/2007 - 20:46

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Using a paralegal is always a great alternative provided your state allows paralegals to practice. California allows paralegals to practice on a limited basis such as for bankruptcy and divorce not requiring discovery or litigation. They can't practice for civil or criminal matters. Before committing yourself to letting a paralegal (or anyone representing themselfe as a paralegal) do your work, check with your state Bar Association to find out what the law is in your state.


Submitted by DebtFairy on Wed, 01/03/2007 - 20:57

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I did my own divorce but my ex-husband went ahead and hired our bk attorney to represent him in divorce court for $700.00 after I did all of the paperwork for him :twisted: All he did was prepare the property settlement papers which there weren't any as I had signed a quit claim deed before hand.

ladybug


Submitted by ladybug on Wed, 10/03/2007 - 09:02

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I too used a paralegal for a divorce. Worked out really well since we had all of the legalities taken care of between ourselves. Although I used an attorney for my foreclosure problem, it was the paralegal who handled all of the details, contacts, and paperwork with the court. Their knowledge is almost as good as that of a lawyer.


Submitted by on Tue, 10/09/2007 - 15:08

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It depends on what chapter you file.

If it's a 7, most all lawyers will want the money before they file. But most will let you pay them monthly payments until you reach payment in full, only problem is the BK is not filed until you pay in full.

With a 13, you can usually pay your lawyer fees in the payment plan.


Submitted by goudah2424 on Wed, 10/24/2007 - 13:19

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