During
the past several years, many firms have
begun to advertise as "Bankruptcy
Petition Preparers". These preparers
are not attorneys and cannot represent
individuals before the United States
Bankruptcy Court. Some courts have found
that bankruptcy petition preparers may
do no more than type a petition. These
same courts have ruled that bankruptcy
petition preparers may not charge more
than $50.00 for the typing of a petition.
Some bankruptcy petition preparers are actively engaging in the unauthorized
practice of law. These preparers send solicitations to people whose home is
currently in foreclosure in the state court system. The petition preparers
prepare a bankruptcy petition on behalf of individuals. Often, these preparers
do not complete the schedules correctly which can result in the plan being
ultimately dismissed by the United States Bankruptcy Court and the individual
who is attempting to save their home from foreclosure will still lose their
home.
Bankruptcy petition preparers have been
known to charge fees ranging from $600.00
to $1,000.00. Many people who use bankruptcy
petition preparers believe that they
cannot afford an attorney. In a Chapter
13 bankruptcy, the majority of the attorney
fees are paid as an administrative expense
through the Chapter 13 plan. In essence,
for the amount of money that many
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individuals
are paying bankruptcy petition preparers,
they can have a licensed and knowledgeable
attorney assist them in their bankruptcy
case. An attorney can assist the individual
in appearing before the United States
Bankruptcy Court and the Chapter 13 Trustee.
Furthermore, said attorney can assist
the individual seeking bankruptcy reorganization
if the plan of reorganization needs amended
or if other legal questions arise during
the course of a Chapter 13 plan.
The
Chapter 13 Trustee cannot endorse or
recommend any particular attorney.
However, the Chapter 13 office in Akron,
Ohio,
serves the Medina, Summit, and
Portage
County areas. All of the bar associations have attorney referrals. If an individual
does not have an attorney and needs an attorney to discuss Chapter 13 bankruptcy
or other bankruptcy options, the following numbers can be used to contact the
local bar associations in obtaining a referral for a knowledgeable and licensed
attorney.
Akron Bar Association
(330)253-5007
Medina County Bar Association
(330)725-9794
Portage County Bar Association
(330-296-6357 |
