What Is A Virtual Bankruptcy Assistant?

Since I am frequently asked, "What is a Virtual Bankruptcy Assistant ?", I thought it would be appropriate for me to explain what a VBA is. Essentially, a Virtual Bankruptcy Assistant, or VBA, is a well-trained professional who provides bankruptcy assistance for attorneys practicing in bankruptcy law. Although the range of services among VBAs could vary, most prepare Chapters 7 and 13 bankruptcy petitions, including the required schedules. Also, VBAs possess the education, experience, skills and qualifications to prepare the Chapter 7 means test, Statement of Affairs, Chapter 13 Plan, assist the attorney's clients with document collection services, verify the required credit counseling session and conduct due diligence services related to a debtor's bankruptcy case.

Moreover, CM Paralegal Services recognizes that preparing a petition is more than typing a debtor's information into forms. A well prepared Chapter 7 or 13 petition requires the preparer to use critical thinking skills which will prevent errors and potentially cause a dismissal of a bankruptcy case. Additionally, not only have we prepared a substantial amount of consumer bankruptcy petitions, but we also have trial experience in the event a debtor's bankruptcy case becomes complex.

If your client is facing an adversarial proceeding or a bankruptcy contested matter we can draft the complaint or answer, motions, conduct legal research and write legal memorandums which supports your client's position. If you are a bankruptcy attorney, hiring CM Paralegal Services as your VBA is a quick and simple process. You can contact us today at 314-723-5633, by email at cmparalegalservices@live.com, or visit our website. We can provide you with a fast and free estimate that is certain to reduce your firm's costs. Many attorneys find that working with a VBA is an efficient way to increase their firm's profits. Contact us today and we will  provide you with a copy of our fee schedule, including our attorney start-up package and client intake forms. There is no start up fee, but we do require a signed Service Agreement.

Credit Report Should Be Obtain Prior to Filing Bankruptcy

Once consumers have consulted with a bankruptcy attorney and have decided that filing a Chapter 7 or Chapter 13 bankruptcy petition is the best alternative for debt relief, they often do not have a clear assessment of their financial situation. Too often I observed clients come into the office with handwritten notes which attempted to describe their personal debts. Most of the time the client's handwritten notes only provided the creditor's name and the amount owed, or as best as an estimate they could remember. The truth is in order for a client to know the true nature of the number of creditors they owe and the amount owed, they will need to order a credit report from each credit reporting agency; Experian, TransUnion and Exquifax.

Under the Fair Credit Reporting Act (FCRA), each of the consumer reporting agencies are required to provide consumers with a free copy of their credit report each year. Once the clients reviewed their reports they often became alarmed to see what creditors they had actually owed and the amounts because in most situations the debts were old and the client had simply forgotten about them. And since it is a requirement for consumers filing for bankruptcy protection to report all their debts, obtaining a copy of the credit report prior to preparing and filing the petition is a good method to ensure all debts are included in the petition. In addition, this saves the client additional legal costs such as having to file a motion to reopen a bankruptcy case after a discharge, or amending schedules to include a forgotten creditor. Consumers can obtain a free copy of their credit reports by visiting www.annualcreditreport.com. However, they are only entitled to one free copy from each of the agencies a year, otherwise they will have to pay by calling or visiting each credit reporting agency's website below.

Consumer Reporting Agencies

Equifax 1-800-685-1111
Experian 1-888-397-3742
Transunion 1-800-916-8800

If you are an attorney, CM Paralegal Services can assist your clients with bankuptcy document collection. We will work closely with your client during this process to ensure that client has the required documents which are necessary for petition filing. Please contact us by telephone at 314-723-5633, visit our website at http://cmparalegalservicesmissouri.yolasite.com, or send us an email at cmparalegalservices@live.com.

ABA Panel Experts Say Legal Outsouring Is Here To Stay

In August 2011, the American Bar Association's Section of Labor and Employment Law sponsored meeting titled, "The Ins and Outs of Contracting Out Legal Work." During the meeting, ABA Panel Experts discussed outsourcing non-legal and legal tasks, in addition to discussing the ethical responsibilities of attorneys who utilize outside firms to handle various functions. Attorney Mauricio Paez, a partner at the firm, Jones Day in New York said, "Outsourcing is not only here to stay, but it will grow".  To read more, visit here.

Consumer Credit Counseling and Debtor Education Providers

With limited exceptions, all filers for bankruptcy protection must complete a credit counseling course or session within six months prior to the filing of their bankruptcy petition. This was one of the changes which became effective under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BABPCPA). Also, a debtor's education course is required to be completed before the bankruptcy court will grant a discharge from debts. The U.S. Trustee program has an extensive list of approved providers who have the agency's approval to offer these mandatory requirements, and also the website lists those agencies which are no longer in existence.

If you are considering filing bankruptcy, you can consult with a bankruptcy attorney if you are unsure of how to proceed with credit counseling. However, the process is usually simple and straightforward. To find a list of providers in your jurisdiction you can visit the agency's website here.

How to Reduce Consumer Bankruptcy Errors; Hire A Virtual Bankruptcy Assistant

According to statistics, in 2010 there were more than 1.5 million bankruptcy petitions filed. Moreover, according to a study conducted by the Administrative Office of the U.S. Courts, since the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) of 2005 through June 30, 2011, the number of pro se bankruptcy filings increased 187 percent. Moreover, numerous errors have been found in consumer bankruptcy cases thus forcing the bankruptcy court to spend a great deal of their time solving these problems which delays the bankruptcy case process.  As a result,  the debtor filing bankruptcy has no clue why it is taking so long and they suffer because of the stress and fear they feel on a day to day basis of losing their home or paying their bills.



Further, under BAPCPA, harsh consequences could be imposed upon attorneys if errors are found in one of their clients' bankruptcy petitions. For example, under a provision of 11 U.S.C. Section 707, debtor's attorney are liable for the accuracy of their clients' schedules and filings, and attorneys who fail to verify a debtors' financial information could face harsh sanctions if the information proves to be inaccurate.
However, CM Paralegal Services is an experienced paralegal and virtual bankruptcy assistant service and is dedicated to working hard to change all this. Our staff has developed the skills, knowledge and qualifications working in a bankruptcy law firm, and through the assistance of the professional industry leader, 713Training.Com. We work with attorneys nationwide and prepare well-detailed Chapters 7 and 13 bankruptcy petitions so they can keep their overhead low, free up staff, reduce paperwork and increase their profits.


For more information about CM Paralegal Services, please view our website at http://cmparalegalservicesmissouri.yolasite.com. Please send us an email when you visit and we will be happy to answer any questions.

PACER Public Access Fee Increase Effective April 1, 2012

Effective April 1, 2012, users of the Public Access to Electronic Records (PACER) will have to pay .10 per page, an increase of two-cent per page. In a news release issued by the Judicial Conference of the United States,this fee increase is "needed to support and improve the Public Access to Court Electronic Records (PACER) system, and to develop and implement the next generation of the judiciary’s Case Management/Electronic Case Filing system". For more information about the PACER fee increase, visit here.  

State ex rel Missouri Public Defender Commission Oral Arguments Heard Before Missouri Supreme Court

On December 13, 2011, the Missouri Supreme Court heard oral arguments in the case of State ex rel Missouri Public Defender Commission. Essentially, at issue is whether or not the Missouri Public Defender Commission has the right to refuse to represent indigent clients who cannot afford to hire private counsel. The case originated in Christian County when Judge John Waters appointed a public defender to represent the defendant Jack Blackshear. However, the public defender had given notice that its offices would not accept new clients. Judge Waters overruled the notice and the public defender appealed. Also, the American Bar Association has filed an amicus curiae brief to request that the Court consider attorneys ethic rules and professional obligations prescribed by the Missouri Supreme Court rules and the ABA model rules. To hear the oral arguments or review the documents which have been filed in the case, visit here