Sample Workflow for Contract Bankruptcy Paralegals
Here is a sample best practice process to aid in bankruptcy attorney’s. Attorneys looking to work with a freelance paralegal and contract bankruptcy paralegals can use this as a starting point when discussing how the bankruptcy process should flow. We have this process all mapped out in Monday.com. For certain status changes in the client’s case, Monday.com will automatically send an email update to the client, or whoever needs one.
The following graphics detail the bankruptcy process in Monday.com. This task list is monitored by the attorney and kept current by the paralegal.
The Bankruptcy Case Workflow
The Script
This script is designed and worded for attorneys to be able to share this with their bankruptcy clients so they know what to expect.
Keep it updated in this form and then everyone always knows what to expect. The best way to keep everyone on the same page is to save this as a snippet in TextExpander. Paralegals, attorneys and legal receptionists on the same TextExpander team plan will always be using the same script. With just a few key strokes the entire text of this script can be inserted into an email, website or letter.
If you would like this in a Google Doc format, you can find it on our Resource Page.
Get Started
Once the client has hired the firm, signed the retainer and paid their attorney fees, their case will be forwarded to the designated bankruptcy paralegal.
Within 2 Business Days
The client should expect a call from the paralegal assigned to their case within two business days of receiving the file.
Initial Phone Call
At this initial phone call, the client will meet the bankruptcy paralegal assigned to their case. This paralegal will serve as the client’s dedicated assistant. The paralegal works with the client to help collect the information needed to get the case on file.
The paralegal will get to work right away and at the initial phone call assist with setting up the required pre-bankruptcy credit counseling. The paralegal will also assist the client in obtaining a current credit report through a secure legal data service provider or if they would prefer a cheaper option give them the link to Identity IQ’s seven day trial for $1.
(Make sure the clients understand whether or not the fees for these items are included in the payments they made to the attorney. You cannot quote attorney fees, so just refer to the retainer when you are making this clear to the clients. You must detail this information in the pleadings, specifically the Attorney’s Disclosure Compensation.)
This initial phone call shouldn’t take more than ten to fifteen minutes, the paralegal will schedule another phone meeting at a later time that fits your schedule to discuss your case in detail.
Second Paralegal Meeting
The next time you meet with your paralegal you will be discussing your debts, assets, and financial history and future in detail. Our paralegals cannot give you legal advice. Our paralegals’ job is to help collect the information and documentation needed to prepare your bankruptcy pleadings.
There will be a lot of questions at this meeting. Some people feel that the questions are very invasive; however, remember that we are here to protect you and your best interests. That is why you hired us. We will help you use the laws to protect your property but we cannot do this if we do not know the details required by law regarding your debts, assets, financial history and future.
At the end of this meeting, your paralegal will let you know what – if any, documentation or information is still needed.
If nothing else is needed, the paralegal will prepare the file to be forwarded to your attorney and within a week you can expect your final pleadings to be ready to file unless your attorney advises otherwise.
Signing Appointment
Prior to signing your pleadings, you will review them for accuracy with the paralegal assigned to your case. Once you are comfortable, the information contained in the pleadings is accurate and complete, you can either sign the pleadings in person at our office or have them sent to your email and sign them electronically.
Case Filing
Once your case is filed, your paralegal will email you:
- File-stamped copies of your pleadings
- Details about your hearing
- Instructions for the Debtor Financial Management Course
- Reminder of any information or documentation that you may still need to include.
Second Financial Management Course
Once your case is on file, you can get your second course done. It is best to have the course done prior to your hearing. Although it is technically due 30 days after your hearing.
You should not wait to complete it. If it is not completed, you will not receive a discharge of your debts. If you complete it late, you will have to pay hundreds of dollars in filing fees and more attorney fees to reopen your case and file it.
Hearing
Your hearing is typically scheduled approximately 30 to 45 days after filing. You must attend this hearing!
You will receive an email with all of the details of your meeting, including what to bring, what not to bring and what to in the meantime.
Trustee’s Report
After your hearing, we are waiting for the trustee to decide that you do not have any assets that are not covered by law, as we stated in your petition. Once the trustee has been able to review your case, a report will be issued by the trustee stating either you have no assets that the creditors are entitled to, or that you do have assets that should be divided up between your creditors.
Most Chapter 7 cases result in the trustees finding there are no assets to be distributed to creditors.
Next 3 to 5 Months
Depending on when your hearing is held, your case may remain open for anywhere from three to five months. This allows your creditors time to object to your discharge. As long as everything we discussed is true and accurate, you should not expect any of your creditors to have a reason to object to your discharge.
The actual deadline for creditors to object is listed on your Notice of Bankruptcy Hearing. Our email will also detail all of this information for you.
Once the court has discharged you of all your debts, you will receive an Discharge Order in the mail. It is the final order absolving you of the debts that the bankruptcy was able to eliminate.
You will receive a closing email from our office as well, in addition to a link to all of your file-stamped pleadings.
About the Author
Valentina Zapata Harris
Mother | Advocate | Blogger
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