Re: emergency 13 petition BK - Posted by Brent_IL
Posted by Brent_IL on October 15, 2003 at 01:18:47:
The fewest pieces of paper that can be filed to initiate the proceeding are three. All pages are one-sided. The voluntary petition is two pages. The petitioner will also have to file a list of creditors with at least one name on the list. If they want to pay the filing fee in three or four installments, there is another form for that. The rest of the paperwork including the plan and a financial statement is to be filed within 15 days of the filing of the petition.
A Google search can direct you to the website of the U.S. Bankruptcy Court District that you?re in. The forms and instructions are on-line.
Pay attention to this if you don?t get a lawyer. Even if you do, know that filling out the forms is not taught in law school. There are quite a few bankruptcy paperwork preparers around here. They don’t practice law; they help the petitioner to fill out the forms. Many, if not most, are scam artists. People go to lawyers who quote fees based on what they think people will pay. The range that I?ve heard is from $300 + filing fees to $2,800 for the same thing. Each time an attorney appears or files a motion there?s an additional charge. This is in the nature of attorneys. The scammers come along and say that for $50 a week, or more if they can get it, plus fees, they?ll take care of the paperwork. The preparer files the minimum required paperwork and makes the minimum payment of $20. They keep the balance of the fee money, around $180, and the weekly fifty dollars, or so, that they are collecting until the debtor wises up. Eventually, the case is dismissed because nothing is being done, paperwork is not being filed, or because the debtors didn?t know they were supposed to show up at the creditors meeting. I guess these guys use mail drops and cell phones to escape charges because this particular scam seems to be a growth industry throughout greater Chicagoland.
I’ve never heard anyone say that a clerk at the Bankruptcy Court office asked for an I.D. before filing the paperwork. There’s always a first time.