The U.S. Bankruptcy Court in Atlanta is reporting a substantial increase in pro-se bankruptcy filings. Pro-se debtors are those advocating on their own behalf before the bankruptcy court, rather than being represented by an attorney. Many ask how they are able to represent themselves and if they are successful.
The average attorney in Atlanta is now charging $1500 for even the most simple Chapter 7 bankruptcy petitions, and many are charging in excess of $2500. These same attorneys will hand your file off to a paralegal to do everything. Depending on the attorney you select, you may not even get the chance to meet with the attorney, as everything is done by the paralegal. More and more often, Debtors are choosing to go directly to the paralegal, avoiding the attorney markup.
There are a couple of ways that debtors represent themselves in bankruptcy court. First, one can download the forms from the court website. I tried to help a friend do this a couple of years ago and even with 7 years experience in the bankruptcy system, I found the forms to be a nightmare. For the life of me, I do not know how an individual with little to no experience with the Court system can get through this. In fact, many of the people that try to do this are unsuccessful due to the complexity and sheer number of the forms.
A second, and slightly better option, is utilizing software that can be purchased online. This will probably help ensure most of the forms are completed and makes completing them infinitely easier than trying to do it without software. The software generally only knows the official national forms, which is MOST of what you need, but will likely not include local forms and the software engineers are not familiar with local court policies and procedures.
The third, and probably the best, option is to hire an experienced bankruptcy paralegal, or petition preparer. The bankruptcy code permits non-attorneys to assist pro-se individuals pursuant to 11 U.S.C. 110. Petition preparers are certainly not all created equal. Some preparers will only meet with clients online or over the phone. Some preparers advertise all over the country and do not specialize in local courts, this poses the same problem as online software companies do. Yet others do not comply with all of the requirements of the law and do not disclose themselves to the Court. Failure to disclose yourself as a petition preparer is criminal and can case thousands of dollars in fines to be assessed. If your preparer is not disclosing themselves to the Court, one has to ask, What are you hiding? Perhaps it is because they have been banned from assisting individuals with their bankruptcies, likely for screwing someone's bankruptcy up.
I have over 7 years of experience with filing bankruptcy petitions in the Northern and Middle Districts of Georgia both pro-se and under attorneys. I have prepared thousands of bankruptcy petitions, discharging millions of dollars in debt. I comply with all aspects of the law and will make my self available to you throughout the entire bankruptcy process.
If you are considering filing bankruptcy, and live in the Northern District of Georgia, I would love to help. I charge a flat rate of $249 for both Chapter 7 and Chapter 13. For that $249, I can help you obtain a credit report, prepare ALL of the documents that you will need to file your bankruptcy in Atlanta, I will bring them to your home and review all documents with you, and remind you of your hearing.
I can be reached at (678) 490-5841 or visit my website at http://www.249bankruptcy.com.
