Q: Where can I find additional information on filing for bankruptcy?

A: There are various sources of information available regarding bankruptcy. Public libraries maintain a large selection of bankruptcy and credit repair books. A word of advice, though, pay particular attention to the copyright dates since the new bankruptcy code became effective October 17, 2005. Local bookstores also stock books that assist individuals in filing for bankruptcy under the new bankruptcy law.

The Department of Justice Office of the United States Trustee website provides data enabled bankruptcy schedules, a list of the approved credit counseling and debtor education agencies, and information regarding the means testing calculations. The Nevada Bankruptcy Court website contains information regarding the Official Forms, required documents, filing fees, informational notices, etc.

Furthermore, Legal Aid of Southern Nevada in conjunction with the William S. Boyd School of Law offers bankruptcy classes to the public. Class schedules are available on the Legal Aid of Southern Nevada website.  

Q: Where can I find the bankruptcy forms in order to file for bankruptcy?

A:  Forms are available through different sources including the United States Bankruptcy Court District of Nevada (Official Bankruptcy Forms and Local Forms); Department of Justice Office of the United States (data enabled forms); and at legal aid stores.  The Official Forms are updated periodically.  It is the debtor's responsibilities to use the proper version of the Official Forms. 

Q:  What is a bankruptcy petition preparer or preparation service?

A:  Bankruptcy petition preparers or preparation services provide typing services.  PETITION PREPARERS ARE NOT ATTORNEYS AND CANNOT GIVE LEGAL ADVICE.  Only attorneys licensed in the state of Nevada may give legal advice.   Protect the community by reporting the unauthorized practice of law to the State Bar of Nevada or the Office of the United States Trustee.   If you have been harmed by or charged in excess of $250.00 for the services of a bankruptcy petition preparer, you should contact the Office of the United States Trustee.

If you cannot afford an attorney, you may be eligible for legal assistance through Legal Aid of Southern Nevada or the State Bar of Nevada Reduced Fee Panel.  You may also represent yourself and complete the work for which you might be inclined to pay a petition preparer. 

If you use a petition preparer, you are considered to be representing yourself and are charged with knowing the law.  You are also responsible for filing all required documents with the Bankruptcy Court and the assigned trustee. 

If you use a petition preparer or preparation service, you are solely responsible for the content within your bankruptcy schedules.  By signing the bankruptcy petition, you are swearing under penalty of perjury that the information contained within the schedules is complete and accurate. 

If you are not represented by an attorney, you are responsible for choosing the correct exemptions to protect your belongings.  Failure to claim the proper exemptions could result in the loss of your assets.  By law, petition preparers may not advise you or choose which exemptions will apply to your case. 

Bankruptcy petition preparers and preparation services are glorified secretaries who charge fees similar to many attorneys.  If the petition is prepared incorrectly by the preparer, you alone must make the necessary corrections. 

Avoid legal problems, contact a bankruptcy attorney to protect your rights!

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