A “bankruptcy petition preparer” is a person or firm which is not authorized to act as an attorney, but who fills out your bankruptcy petition and related forms for a fee. Bankruptcy petition preparers can only provide and type the forms. They may not give you legal advice. Their services are subject to restrictions and limitations under the Bankruptcy Code. Bankruptcy petition preparers sign all documents they prepare for you, but they are not authorized to sign any document on your behalf. Therefore, you must also sign all documents yourself if they require your signature. Bankruptcy petition preparers are prohibited by law from collecting or receiving any Court fees connected with your case. Consequently, if you use a petition preparer you are required to pay all Court fees directly to the Court, including the filing fee and any other fees. You should immediately notify the United States Trustee and any trustee appointed in your case if you think a bankruptcy petition preparer fails to comply with the law.
Most importantly, it is important to understand that bankruptcy petition preparers are not authorized to give you legal advice. They cannot tell you which exemptions are available to you. They cannot tell you how bankruptcy might help you avoid foreclosure. And they can’t tell you how your bankruptcy might affect any co-signers you might have.
Carefully consider whether or not a bankruptcy petition preparer is in your best interest as you navigate the complex bankruptcy process.
If you’re thinking about whether or not you should hire an attorney to help you through the bankruptcy process, we hope you’ll come in for a free, no-obligation consultation with an experienced Colorado bankruptcy attorney. You can schedule an appointment by calling 303.331.3403 or by using our online scheduling system.