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Affordable legal help for bankruptcy

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4. The pro se desk
Another possible route to free legal help is to find out whether the local U.S. Bankruptcy Court has a pro se desk.

This service is provided at the U.S. Bankruptcy Court in Chicago, according to Karina Ayala-Bermejo, spokeswoman for the Chicago Bar Association.

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She says debtors can come multiple times to receive assistance from an attorney, but no further help is offered once the person files. The services are available in the morning for 30-minute sessions. The lawyer present explains consumer bankruptcy procedures as well as the debtor's options. The debtor's petition is also reviewed. Debtors are required to sign up and do not have to meet a required income limit to receive help.

5. Other resources
Legal document preparers are an option. However, the help of an attorney is strongly advised by bankruptcy experts due to the complexity of the law.

Jon Rao, an attorney for the National Consumer Law Center, says the services are risky and suggests considering the petition preparers only as a last resort.

"Given they can not give legal advice, essentially they are a typing service," he says.

Lizanne Sadlier, spokeswoman for the National Association of Legal Document Preparers Inc., believes choosing a legal document preparer to arrange the paperwork is a good solution for people with relatively uncomplicated bankruptcies who are not in need of legal advice. 

"But it is not the best option for everyone," she says. "For those who have a complicated bankruptcy and are unsure of the legal course they need to take, they should see an attorney." 

Legal document preparers charge around $199 to $399, says Sadlier. In some areas, she says, the amount is less since bankruptcy trustees can limit the fees.
 
Preparers can put together the necessary paperwork for the Chapter 7 liquidation and Chapter 13 repayment plan bankruptcies, provide information about the process and help insure the accuracy of the documents, Sadlier says.

She warns consumers must have an understanding of their needs and have chosen a course of action prior to seeing a preparer.

Some links that might help

  • The American Bar Association Web site is a good place to look up local attorneys.
  • National Association of Consumer Bankruptcy Attorneys
  • National Association of Legal Document Preparers
  • Pro bono programs
  • Unbundling rules by state
  • Bankrate.com's corrections policy-- Posted: June 15, 2007
     
     
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