just wanted to say welcome to our forum. Someone who actually works on the BK front that can offer real perspective to BK is a welcome addition here indeed.
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welcome chapter33paralegal
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The more REAL helpers are ALWAYS welcome. In many cases the real lawyers don't seem to have the time or interest. I speak for myself only but see many other complaints. Thanks to any paraligals. 'HubIf I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.
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Hey thanks. I appreciate the warm welcome.
I'll try to help with anything that I can. I certainly don't have all the answers by any means, but I have no problem helping out with any questions about this. It's definitely a major step to take.
I probably think that most attorneys look at this as free advice for people, which they are usually against. But also, most of these attorneys, at least at the firm I work at, seem to live their jobs and there's a certain point where you just have to remove yourself from work.I do not provide legal advice. All I do here is give my two cents as an opinion and at least share some of the facts that I know. Attorneys can provide legal advice, so go ask them or hire one.
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Welcome to the board ! Nice of you to join here and provide your help and advice.
I do have a question I wonder if you could help me with if you wouldn't mind...I started a thread here asking for info on hardship discharges. But it dont seem to many know much about them here.... and hoping maybe you do ??Filed CH 13: 3/5/04
First Mtg: 3/31/04
Confirmed: 11/4/04
I'M DONE !!
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We love new members here, but a caution is in order to our members who may not be aware....
Paralegals are not lawyers. Do a search in the forums for "paralegal" and you will find out that paralegals make mistakes filling out bk forms too - sometimes doozy mistakes that get cases dismissed.
Also understand that by law in every state paralegals are not allowed to give legal advice and are not allowed to practice law. Given that both our new members have used 'bkparalegal' in their forum names, it would be best if both created a disclaimer signature stating they are not giving legal advice here - they have the same standing as any of our other experienced members. Otherwise what they state here could be construed as legal advice and put their licenses at risk.
Here's what by law paralegals/legal assistants are allowed to do - http://www.nala.org/whatis.htm :
A legal assistant may perform any function delegated by an attorney, including but not limited to the following:
-Conduct client interviews and maintain general contact with the client, so long as the client is aware of the status and function of the legal assistant, and the legal assistant works under the supervision of the attorney.
-Locate and interview witnesses.
-Conduct investigations and statistical and documentary research.
-Conduct legal research.
-Draft legal documents, correspondence and pleadings.
-Summarize depositions, interrogatories and testimony.
-Attend executions of wills, real estate closings, depositions, court or administrative hearings and trials with the attorney.
-Author and sign correspondence provided the legal assistant status is clearly indicated and the correspondence does not contain independent legal opinions or legal advice.
-Professionally, a paralegal's time for substantive legal work (as opposed to clerical or administrative work) is billed to clients much the same way as an attorney's time, but at a lower hourly rate.
Here's even more detailed guidelines about what the American Bar Association states paralegals can do - http://www.abanet.org/legalservices/...guidelines.pdf
Bottom line - please keep in mind that you are boarding our happy little bk bus with a large implied responsibility to provide accurate, reliable information to members. Remember that what may be the case in your local court or district is not the case in all, so please be careful what you post here to ensure it is accurate in ALL states and ALL courts, not just yours. If you aren't sure this is the case, then please say so. Thanks!I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.
06/01/06 - Filed Ch 13
06/28/06 - 341 Meeting
07/18/06 - Confirmation Hearing - not confirmed, 3 objections
10/05/06 - Hearing to resolve 2 trustee objections
01/24/07 - Judge dismisses mortgage company objection
09/27/07 - Confirmed at last!
06/10/11 - Trustee confirms all payments made
08/10/11 - DISCHARGED !
10/02/11 - CASE CLOSED
Countdown: 60 months paid, 0 months to go
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Thank you Lrprn. That is true that we don't give advice. I will always try to actually not give advice, rather answer questions that I have answers too. In most situations, I'll certainly suggest meeting with your attorney, but if I know an answer to a question that doesn't require advice, I'll certainly answer it the best I can.I do not provide legal advice. All I do here is give my two cents as an opinion and at least share some of the facts that I know. Attorneys can provide legal advice, so go ask them or hire one.
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Originally posted by CH33 Paralegal View Postlet me find the thread and see what the questions are and I'll definitely help you if I can.
Thanks
I was just really looking for more info on hardship discharges. I really dont understand what that even means really. And havent been able to find much info on it online. And apparently people I have talked with at my attorney's office doesn't know much about them either. .. All they said the head attorney said there is to bring in my income and any other debt I might of required since we filed over 4 years ago. But havent gotten to talk with him directly. I plan on bringing this info in to there office but been waiting on some things to see if they are going to be paid off by insurance first... Got some good news on the house though FINALLY !.. Its being paid off !!! .. Now waiting to hear something from the insurance on my vehicle. Once I do I plan on going in with the info they have requested and demand to talk with this head attorney.Filed CH 13: 3/5/04
First Mtg: 3/31/04
Confirmed: 11/4/04
I'M DONE !!
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