Outsourced Paralegally Speaking

A Bankruptcy Paralegal's Point of View on Various Topics Related to Bankruptcy Law

Bare Bones/Skeleton Chapter 7 or Chapter 13 Bankruptcy Petition

Written By: Patrick Campbell - Oct• 15•11

As Halloween approaches the thought of creatures that go bump in the night cross my mind and in the spirit of it all I want to talk about skeletons, skeleton petitions that is. Stop me if you heard this one, a potential debtor walks into a bankruptcy attorney’s office and says “I need to file for bankruptcy, my home is going to be sold in two days.”

Now why does this type of debtor always wait until the last minute to file is beyond me? I am sure there are a few valid reasons but now the pressure falls onto the attorney to get this Chapter 7 or Chapter 13 case filed in time. One option is to file what’s called a skeleton Chapter 7 or Chapter 13 bankruptcy petition or what others may call a bare bones petition. Basically you end up filing at least 6-7 essential pages of the Bankruptcy Petition so that the debtor has the protection of the automatic stay. Now the clock begins and now the bankruptcy attorney has approximately 14 days to get the deficiency schedules completed and filed with the bankruptcy court in time. Here is where issues tend to arise.

1. Your constant calls to the debtor to obtain additional information go unanswered.
2. Your letters to the debtor reminding the debtor of the deadline and possibility of dismissal go unanswered.
3. 2 -3 days before the deadline the debtor finally responds and only gets you a small handful of the documents you requested.
4. The debtor simply ignores your correspondence and the case gets dismissed and then the debtor finally calls your office complaining about why is their Chapter 7 or Chapter 13 bankruptcy case is dismissed.

This list could go on and on but how the bankruptcy attorney handles these scenarios is very important. The bankruptcy paralegal should remind the attorney of the impending deadline and always ask and go over different scenarios of how the bankruptcy attorney wishes to handle that particular case.

Some attorneys find themselves in a bad position when they file blank deficiency pages just to buy their client additional time to gather the documents. The problem with this is that when this is done several times they may find themselves at the receiving end of an Order to Show Cause filed by the Bankruptcy Court and their fees being disgorged.

Filing a bankruptcy skeleton petition can be a helpful tool if done properly, one of my suggestions to my clients can be found in my article titled C.Y.A. and a few of my other suggestions to my clients are the following:

1. Prior to filing the skeleton petition make sure the debtor at least provides your firm with 75% of the required documents to help expedite the process of filing the deficiency documents.
2. Have the debtors sign off on a letter stating that they are aware that the remaining documents, that they are expected to be provided to the attorney’s office within 7 days or risk having the case dismissed. Make sure the letter indicates the required documents and the deadline date.
3. Once all the documents have been provided and the deficiency documents have been completed, have the debtor initial each page in the corner to verify that they reviewed each particular page.

Skeleton Chapter 7 or Chapter 13 Bankruptcy Petitions can be very helpful in a crunch but bankruptcy attorneys should always make sure to protect themselves when handling these types of bankruptcy cases.

Outsourced Paralegal Services, LLC was created with the sole practicing attorney and boutique law firm in mind. Outsourced Paralegal Services, LLC has provided extensive legal support services to attorneys and has filed over 500 consumer bankruptcy petitions in states such as New York, California, New Jersey, Connecticut, Florida, North Carolina, Texas, Idaho and Georgia. Please feel free to visit us at www.outsourcedparalegal.com

Certificate of Service

Written By: Patrick Campbell - Oct• 08•11

As a Chapter 7 and Chapter 13 Bankruptcy Paralegal one of the most time consuming steps to do in the whole bankruptcy process, from a bankruptcy paralegals point of view I believe, is the mailing of documents to various bankruptcy creditors.

Outsourced Paralegal Services, LLC does offer mailing services but there is one company that one of my Bankruptcy Attorney clients brought to my attention that I thought would be helpful to many bankruptcy practitioners, especially those who work with virtual bankruptcy paralegals. This company’s name is Certificate of Service and their website is http://www.bkattorneyservices3.com/index.htm.

Now I have not personally used them so I cannot truly vouch for their service but the concept alone I believe is valuable to any legal practitioner. Would love to hear anyone’s feedback on this company’s performance and service.

Advantages of Hiring a Freelance Bankruptcy Paralegal

Written By: Patrick Campbell - Jul• 14•11


Turn on CNN on any given day and you will continually be reminded of how many people have been laid off from their jobs, companies that are closing their doors, and families who can no longer afford to live in their homes with increasing interest rates on their mortgages and declining equity in their homes. The economy has tumbled down like a house of cards after a gust of wind has blown through it. As a result, I have seen a tremendous increase in online attorney postings offering bankruptcy legal services, as well as an increase of inquiries to my freelance bankruptcy paralegal company by attorneys from various areas of practice who are now looking to enter into bankruptcy law.

As law firms look for qualified bankruptcy paralegals to assist with their growing or emerging bankruptcy practices, I have noticed positions not being filled, but rather remaining open for months on end. This leads me to wonder why there is increasing work but lack of appropriate talent to fill these positions. This presents one classic example for when a freelance bankruptcy paralegal would be an excellent solution for a firm that is in a state of limbo with an overflow of work and no qualified support staff to take on crucial assignments relevant to Chapter 7 or Chapter 13 bankruptcy cases. In these situations, with plenty of bankruptcy cases coming in the door but not enough staff to meet the demand, a bankruptcy legal practice can run the risk of not servicing their clients thoroughly and professionally, inhibiting that firm’s growth.

Hiring a temp can also short change a bankruptcy legal firm, since a temp is not necessarily trained in all of the protocol and procedure that goes with Chapter 7 and Chapter 13 bankruptcy petitions. Taking the time out to train a temp or to correct their mistakes can cost a bankruptcy practice time, money and even the trust of their clients. In these cases, contracting work out to an experienced and qualified freelance bankruptcy paralegal can save a bankruptcy practice priceless amounts of time and money.

Another plus to working with a freelance bankruptcy paralegal is taking advantage of their extensive experience which they have inevitably accrued through working with many different bankruptcy attorneys. Most freelance bankruptcy paralegals are well versed in how a bankruptcy practice should be run from an administrative standpoint, and it is their job to keep abreast of the changes in law and court procedures as it is a freelancer’s primary focus to remain on top of such issues in order to perform well for their attorney clients. Freelance paralegals are not 9 – 5 employees, which means that there are no time limits for assignments and no worries about an employee going home before work is completed or overtime compensation.

Since most freelancers work from home offices, they are more flexible to communicate with their clients and receive assignments at any time of day or night. Unencumbered by rigid office hours or office distractions, such as secretarial duties, your freelance bankruptcy paralegal can focus on the specific tasks needed to be done to properly file your clients’ petition.

Firms with multiple areas of practice can also take advantage of a freelance paralegal whose expertise lie in one of the firm’s areas of practice. With a freelancer, a firm can devote that freelance paralegal to one area of expertise without worry that that paralegal is being distracted by other tasks or other departments within the firm.

Sole practitioners and smaller bankruptcy legal firms benefit greatly from the use of a freelance bankruptcy paralegal on many different levels. When it comes to smaller firms, the name of the game is generating company revenue while conserving company resources. That is the basic formula for any small business and attorneys are no different. Many solo practitioners are in the building stage of their legal practice and they require the support that a good paralegal can offer without the burdens of payroll tax, health insurance, full time salaries, workers compensation and many of the other expenses that come along with hiring a full time staff bankruptcy paralegal.

By hiring a freelance or outsourced bankruptcy paralegal, a small firm is getting the advantages, expertise and inside knowledge that a senior level bankruptcy paralegal can provide without the hefty price tag that larger firms pay. An experienced freelance bankruptcy paralegal can provide quality work on petitions, motions, proof of claims and is familiar with all of the popular programs. They are also invaluable in providing administrative tips and helping guide a bankruptcy attorney to help their practice run more smoothly.

Hiring a freelance bankruptcy paralegal allows you and your firm the ability to grow along with your freelancer, learning changes in the laws and nuances in how the courts operate and applying it to your practice and its functionality without the possible risk that comes along with hiring someone new on staff, training and growing with them and then possibly loose them due to a myriad of reasons.

Outsourced Paralegal Services, LLC was created with the sole practicing attorney and boutique law firm in mind. Outsourced Paralegal Services, LLC has provided extensive legal support services to attorneys and has filed over 500 consumer bankruptcy petitions in states such as New York, California, New Jersey, Connecticut, Florida, North Carolina, Texas, Idaho and Georgia. Please feel free to visit us at www.outsourcedparalegal.com

Bankruptcy Paralegals Performing Their Due Diligence

Written By: Patrick Campbell - Jun• 21•11

I believe in any position a person is in, whether it be receptionist or administrative assistant to office manager or executive, employers like to see that you will take that extra step beyond your assigned role to provide a better quality of work than they are accustomed to.

I had a discussion the other day with another Paralegal who stated that as a Bankruptcy Paralegal our role is to “just put in the information the attorney or client provides us and that is it.” This person could not be more wrong. As a Freelance Bankruptcy Paralegal our role is not just to provide data entry services, because if that was the case a trained monkey can do it.

A Bankruptcy Paralegal should be able to read beyond what is provided, put together the missing pieces and formulate the correct questions that need to be resolved prior to filing a Chapter 7 or Chapter 13 bankruptcy petition. The most common errors that occur in bankruptcy cases is having the petition not properly put together and not catching the issues that will come up once the case is filed so that the attorney will know how to proceed accordingly, or better yet, catching those major issues prior to the bankruptcy petition being filed.

An example: A potential client contacted my office for assistance with a Trustee’s Motion to Dismiss a Chapter 7 Bankruptcy Petition that was filed. The issue was that the debtor intended to surrender their homestead but at the same time benefited from the deduction of the lien on the home on the means test. This Chapter 7 is now in jeopardy since without that homestead benefit on this particular means test, a presumption of abuse arises and that debtor is no longer eligible for relief under a Chapter 7.

As a Bankruptcy Paralegal, and with any position you are in, you should take pride in your work. Do your due diligence and remember that if you perform your task to the best of your ability and get it right the first time around you won’t have to spend countless hours attempting to rectify those errors that could have been avoided.

Outsourced Paralegal Services, LLC was created with the sole practicing attorney and boutique law firm in mind. Outsourced Paralegal Services, LLC has provided extensive legal support services to attorneys and has filed over 500 consumer bankruptcy petitions in states such as New York, California, New Jersey, Connecticut, Florida, North Carolina, Texas, Idaho and Georgia. Please feel free to visit us at www.outsourcedparalegal.com

Know Thy Chapter 13 Bankruptcy Trustee

Written By: Patrick Campbell - Jun• 14•11

One Trustee prefers the tax language in a Chapter 13 Bankruptcy Plan one way, while the other prefers it another. One Trustee will not accept a Chapter 13 Bankruptcy Plan paying unsecured creditors less than 10%, while another is more flexible. Then there is the Trustee whose procedures seem like they change every 6 months to a year without notice.

Knowing what each Chapter 13 Bankruptcy Trustee in your district prefers in the Chapter 13 Plan and Schedules when it comes to its language can make you go insane. In the nine years I have been a Bankruptcy Paralegal and as many procedures as I have learned from various Chapter 13 Trustees offices, instances arise where I am at a loss for words when a fax or email comes through stating what changes need to be made or what is not acceptable. To the best of my knowledge there is no panacea for this.

Now what is said here is just food for thought and in no way covers everything that can be done to make sure you never run into any issues. The only way to make sure that no major issues arise is to make sure your petitions are prepared correctly the first time around. Then you have to be able to adapt and respond quickly to put out any small flames that may spark up.

This may require maintaining a good rapport with the Trustee and his/her staff where a simple phone call or letter may resolve any and/or all of your issues with a particular case in one shot. It may also require good ol’ trial and error, just don’t make it a consistent pattern.

Outsourced Paralegal Services, LLC was created with the sole practicing attorney and boutique law firm in mind. Outsourced Paralegal Services, LLC has provided extensive legal support services to attorneys and has filed over 500 consumer bankruptcy petitions in states such as New York, California, New Jersey, Connecticut, Florida, North Carolina, Texas, Idaho and Georgia. Please feel free to visit us at www.outsourcedparalegal.com

The 3,2,1 Rule to Chapter 13 Bankruptcy Case Management

Written By: Patrick Campbell - Jun• 12•11

As if the Bankruptcy Courts and Trustees do not provide bankruptcy attorneys with enough rules to follow. Well here is a simple rule that I learned from New York Bankruptcy Trustee Michael J. Macco when I worked for him as a Bankruptcy Paralegal. It is pretty simple and allows you to stay on top of your Chapter 13 Bankruptcy files prior to a Confirmation Hearing.

The rule is called the “321 Rule,” and the concept is based upon a simple saying that Mr. Macco used to say. I wonder if he still says it in his ever so charming way.

“Don’t make your problems, my problems!”

If you know that you have a Confirmation Hearing coming up, why wait until the last week to review the file and then realize that you need more time to provide the Trustee with what he/she needs? One of the quickest ways an attorney can get on the Trustees last nerve is to wait until the final week to then ask the Trustee if the Chapter 13 bankruptcy case will be confirmed without reviewing the file or providing what is needed in advance.

The 3.2.1 Rule
(3) Three weeks before the hearing, review your Chapter 13 bankruptcy case and contact your client to provide your office with whatever outstanding documents from the 341 Meeting of Creditors are still needed.

(2) Two weeks before the Confirmation Hearing , depending on the Trustees preferred method, fax or email the Trustee with your requests or concerns. Such as “I have provided all documentation requested at the 341 meeting of creditors, will our case be confirmed at this time?” or, “Please be advised that we will need an adjournment of the confirmation due to……” or whatever the issue.

(1) One week prior to the hearing call up the Trustees office, only if you have not yet heard from their office at this time, to discuss the case and hopefully wrap up any final details.

By the time you get to the final week you should be in basic clean up mode as the majority of the issues with your case should be resolved at this point. What you have to understand is that the Trustees office and his/her staff is reviewing hundreds of cases way ahead of these hearing dates and is expecting the debtor’s attorney’s office to be doing the same.

If the documents requested are provided in a timely manner and there are no other outstanding issues that need to be resolved, then there is a better chance of your case getting confirmed, and that you and your client will most likely not have to appear at the Confirmation Hearing. This is not a guarantee but it sure increases your odds.

Outsourced Paralegal Services, LLC was created with the sole practicing attorney and boutique law firm in mind. Outsourced Paralegal Services, LLC has provided extensive legal support services to attorneys and has filed over 500 consumer bankruptcy petitions in states such as New York, California, New Jersey, Connecticut, Florida, North Carolina, Texas, Idaho and Georgia. Please feel free to visit us at www.outsourcedparalegal.com

C.Y.A.

Written By: Patrick Campbell - Jun• 11•11

As if keeping up a good reputation with the Trustee is not hard enough, there have been several instances in which I have heard a client tell me that while at the Chapter 7 341 meeting of creditors,  the debtor tries to throw the attorney under the bus by saying, “I was never told that….” or, “I have to pay you (the Trustee), $3000 to keep my car, WHY?!?!”

Most debtors tend to have selective memory when it comes to filing for bankruptcy especially when it comes to a case where the debtor has unprotected assets in a Chapter 7 bankruptcy.  That’s why I am a huge fan of having a debtor either sign off on a letter stating that they are aware of this unexempt asset or having them initial each page of the petition in the bottom corner showing that they have reviewed that particular page with the attorney.  This essentially covers your tuckus to an extent limiting any backlash that may occur to your practice and your good name.

Outsourced Paralegal Services, LLC was created with the sole practicing attorney and boutique law firm in mind.  Outsourced Paralegal Services, LLC has provided extensive bankruptcy paralegal legal support services to attorneys and has filed over 500 consumer bankruptcy petitions in states such as New York, California, New Jersey, Connecticut, Florida, North Carolina, Texas, Idaho and Georgia.   Please feel free to visit us at www.outsourcedparalegal.com

Bankruptcy Paralegals Often See the More Emotional Side of Bankruptcy Filings

Written By: Patrick Campbell - Jun• 10•11

As a freelance bankruptcy paralegal who works with many attorney clients on Chapter 7 and Chapter 13 bankruptcy cases, I often see the emotional side of bankruptcy filings more so than my bankruptcy attorney clients do.

After the initial consumer bankruptcy procedure is explained by my attorney clients, the majority of the time the consumer bankruptcy applicants are passed along to me for follow up to gather detailed information that allows me to properly and thoroughly complete their bankruptcy petition for the trustee to review. In the process of allocating their proper information and organizing their petition I often hear the back story and details of their troubled financial lives, and what led them to ultimately choose bankruptcy for a fresh start and some semblance of freedom from hounding creditors.

I am privy to people’s personal, financial circumstances which I take quite seriously and guard fiercely, and very often as I speak to these people on the phone or face to face they begin to break down emotionally. As a bankruptcy paralegal I see the humanity and the emotional fallout that comes along with an individual or a family filing either chapter 7 or chapter 13 bankruptcy.

I often find myself consoling people as I assist them and my bankruptcy attorney client in putting together and completing their bankruptcy petition. I hear about the circumstances that put their back against the wall financially, whether it be medical bills, needy or unscrupulous relatives, job loss … those are the most common precursors to bankruptcy filings. Sometimes, as a bankruptcy paralegal, I feel like part therapist as I listen with a sympathetic ear and try to guide people through the bankruptcy petition process as smoothly and swiftly as possible so they can get on with their lives.

Outsourced Paralegal Services, LLC was created with the sole practicing attorney and boutique law firm in mind.  Outsourced Paralegal Services, LLC has provided extensive legal support services to attorneys and has filed over 500 consumer bankruptcy petitions in states such as New York, California, New Jersey, Connecticut, Florida, North Carolina, Texas, Idaho and Georgia.   Please feel free to visit us at www.outsourcedparalegal.com

A Bankruptcy Paralegal Technique to Make the Client Intake Process Easier for Bankruptcy Clients

Written By: Patrick Campbell - Jun• 10•11

The phone rings and on the other end is the potential client who is looking for an attorney to help them with filing Chapter 7 or Chapter 13 bankruptcy; a typical day in a bankruptcy attorney’s office.  An appointment is set, the potential client comes in, and someone in your law firm initially meets with the client to get an idea of their detailed financial situation. That client then decides to move forward with filing for bankruptcy.  This is where the hurdle can begin when it comes to document and information collection – the full intake process begins.

Many bankruptcy attorneys and bankruptcy paralegals have dealt with a client who is not completely forthcoming in providing all the information needed to complete their bankruptcy petition, which causes an unnecessary delay in the filing of their bankruptcy petition.  In my experience, the number one cause of this is not having the client completely understand that this process is symbiotic, that one cannot operate without the other. Very often a client will inundate the law firm or the bankruptcy paralegal with a barrage of anxious phone calls and emails inquiring when their case will be filed, to which a bankruptcy paralegal will attempt to explain what additional documents or facts are needed to properly file their bankruptcy petition. Somehow this simple request on the part of the bankruptcy paralegal gets lost in translation.

As a bankruptcy paralegal I can state that for those clients who are forthcoming about their finances, prompt with providing the requested documentation and easily reachable, filing a bankruptcy petition for them is a fairly quick and seamless procedure.

I always felt that in order for the client to truly understand this is to clearly explain to them the steps that will occur in the preparation of their bankruptcy petition, and some insight into the bankruptcy petition process. This provides them with a sense of empowerment and knowledge.

Generally, it is the bankruptcy paralegal who is at the forefront of the bankruptcy process and he or she knows the most efficient, most effective and quickest way to go from interview to intake to filing. A good bankruptcy paralegal is also generally more familiar with various Trustees and what their specific needs are. Bankruptcy attorneys should tap into their bankruptcy paralegal’s pool of knowledge whenever possible to be sure they are producing satisfied bankruptcy clients and maintaining positive relations with their Trustee.

Most debtors, prior to filing bankruptcy, already feel emotionally and mentally drained from the financial burdens they are currently going through.  By having them feel like they are a part of the bankruptcy process and not just going through it, they will be more likely provide quick and accurate information, providing to your firm the documents requested and information needed to successfully, efficiently and expeditiously complete their bankruptcy petition.

Outsourced Paralegal Services, LLC was created with the sole practicing attorney and boutique law firm in mind. Outsourced Paralegal Services, LLC has provided extensive legal support services to attorneys and has filed over 500 consumer bankruptcy petitions in states such as New York, California, New Jersey, Connecticut, Florida, North Carolina, Texas, Idaho and Georgia. Please feel free to visit us at www.outsourcedparalegal.com