QUESTION
Can they have a paralegal draw up the motion to compel the trustee to abandon the property?
Asked on Sep 24th, 2013 on Bankruptcy - California
More details to this question:
I have a house in escrow and the seller filed for bankruptcy during the escrow. I am in contact with the trustee and the seller’s agent. I know the sellers used a paralegal for their bankruptcy. The trustee indicated that is the motion was filed he would not oppose the motion which is s great thing. How long does this process normally take?
7 ANSWERS
Car Accidents Attorney serving Mandeville, LA
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Olivier Law Firm, LLC
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A paralegal can prepare the bankruptcy, but it can only be filed by either an attorney licensed to practice in federal court or by the bankruptees themselves (called "pro se"). Why not file one yourself?
Answered on Sep 26th, 2013 at 8:28 AM
A "Bankruptcy Petition Preparer" cannot practice law, provide any legal advice or file motions or pleadings. Take care.
Answered on Sep 25th, 2013 at 3:41 PM
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A paralegal may prepare a motion but cannot sign or file it on behalf of the movement. Normally it takes 25 to 30 days or a matter to get on calendar.
Answered on Sep 25th, 2013 at 3:38 PM
The job of a paralegal is to organize documents. A paralegal isn't qualified to prepare legal pleadings unless supervised by an attorney.
Answered on Sep 25th, 2013 at 1:10 PM
General Law Attorney serving Cherry Hill, NJ
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Mark S. Cherry, Attorney at Law, PC
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If there are no creditor or trustee objections, the order should be issued at the time of the hearing on the motion.
Answered on Sep 25th, 2013 at 1:01 PM
Deborah F. Bowinski
A paralegal cannot provide legal advice not can he or she perform the services that a lawyer can. The sellers can file their own motion if they can find a sample and figure out how to do it. Or, they can hire a lawyer to do it for them, which is what they should have done in the first place.
Answered on Sep 25th, 2013 at 12:50 PM
Personal Injury Attorney serving Glendale, CA
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JT Legal Group
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If your question is, is it legal for the paralegal to draft the motion? the answer is no. Do people do it, sure. The timing depends on exactly how things are structured so there is no telling from where I am.
Answered on Sep 25th, 2013 at 12:49 PM