Los Angeles, CA asked in Bankruptcy and Appeals / Appellate Law for California

Q: Hello, I'm going thru bankruptcy, my paralegal helped me at the beginning, now she won't respond to me for 1 mth. Help

She has all my legal documents and my tax return. I have tried to get in touch with her various ways, she won't respond. What do I do? How do I get my items back and amend my bankruptcy now? I do qualify for Legal Aid. Who do I call for help.

Thank you!!

3 Lawyer Answers
Ronald Holland
Ronald Holland
Answered
  • Bankruptcy Lawyer
  • Roseville, CA
  • Licensed in California

A: When you hire a paralegal, you are representing yourself in court. You have no one who is allowed to give you legal advice. While the paralegal may tell you what forms to file, they can'tgive you legal advice and can't represent you in any way within the bankruptcy process.

Amendments to the pleadings are usually caused by an error. I can't tell you anything about this paralegal or what might was caused the error, but it is 100% your responsibility to correct it. The paralegal was probably paid to "prepare documents" and that's what happened. You are the one who is supposed to know what needs to be fixed and how to do it.

If at all possible, talk to an attorney in your area. They MAY give you a free appointment and give you some advice, but that is much less likely after you already filed your case. If you possibly can, you may want to hire an attorney to correct your documents.

Another possible resource is a "help" system set up by the local court where experienced bankruptcy attorneys will help people at the courthouse certain days of the week. Check with your clerk's office to see if they have a program like this.

Bruce Alexander Minnick agrees with this answer

Harlene Miller
Harlene Miller
Answered
  • Bankruptcy Lawyer
  • Irvine, CA
  • Licensed in California

A: I agree with my colleague; and urge you to talk with a bankruptcy attorney as soon as possible. There may be a public law center available in your area or contact the Office of the U.S. Trustee in Los Angeles at the Bankruptcy Court and see if they can direct you. How long ago was the case filed? Have you appeared at the meeting with the Trustee which is scheduled approximately 30 days after your case was filed? Search for someone on this site for a possible phone call to get more information to address your issues.

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: Hire a bankruptcy lawyer, not a paralegal, who can retrieve or recreate your documents and help you get on the right track.

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