It was a simple ad really, Chapter 7 bankruptcy $399.  So I started thinking what’s the catch.  Generally speaking attorneys in the Lehigh Valley charge anywhere from $1600-$3000 for Chapter 7 bankruptcy service depending on the complexity of the case.

So I open the add and started snooping around.  The first thing I noticed on the add is that it said $399 plus the court filing fees.  The court filing fees in the Eastern District of Pennsylvania are $299, so this ad is misleading.  The unsuspecting customer clicks onto the site expecting to pay $399 and have a bankruptcy case filed for them.  They are caught unawares by the $299 filing fee, but more than that they eventually are e-mailed a bankruptcy petition that they are expected to file with the court themselves.

What makes this ad so nefarious is that the company, who shall remain nameless because I don’t give Google love to frauds, has a name that sounds like it is a law firm.  Its website makes it look like it’s a law firm.  Its not a law firm, it is a bankruptcy petition preparer.

If your bankruptcy petition preparer I’m not mad at you, in fact on some simple cases, a bankruptcy petition preparer might be all a consumer needs to get back on their feet.

For the vast majority of consumers, their cases are more complex, and filing the petition on your own only sets you up for failure.

My father was right when he told me in this world you get what you pay for, and if you’re paying $399 for an attorney to file a bankruptcy, they probably aren’t very good.  Most likely though they aren’t even an attorney, and instead of the quality legal protection and counsel that you need, you get a PDF e-mailed to you and be told to finish the job on your own.

If the financial future of yourself and your family is worth too much to leave it in the hands of an out of state petition preparer and you are ready to get real help from a real live lawyer who specializes in helping people with their debt problems, then call me at 484-661-2891 or email me at jim@padebt911.com to set up a free consultation.

Bankruptcy cases rarely find their way into the Supreme Court, in fact this year there wasn’t a single bankruptcy case heard by the Supreme Court.  It would seem that any effects Sotomayor will have on the bankruptcy court is minimal, but it’s something to be watched.

For starters Sonia Sotomayor is not that far to the left of Justice David Souter, who she is replacing, in fact she may be to the right of him politically.  Furthermore, the only cases of Sotomayor is likely to influence are cases involving the ability or the right to contract.  Specifically, balancing creditors rights against debtors rights and how far a contract is allowed to be modified in a bankruptcy case.

While she promises that she’s going to call it straight balls and strikes like Chief Justice John Roberts claims aspires to, Justice Sotomayor was selected by President Obama specifically because he wanted someone who is empathetic people, whatever that means.

The only real influence I could see in the change from Souter to Sotomayor is that she might be more willing to hold on behalf of the debtor getting relief in bankruptcy rather than enforcing a creditor’s contract.  You can debate until you’re blue in the face whether or not this is a good thing, as an attorney, I tend to prefer John Roberts calling balls and strikes as a judge because it makes the law more efficient and it also makes a lot more predictable, but no one asked for my opinion when Justice Sotomayor was nominated.

It is also important to remember that Sonia Sotomayor is only one of nine justices and since she’s replacing the justice who is probably the most liberal judicially of the nine, it’s unlikely that she’s going to pull the court to the left.   Any effect Sonya Sotomayor will have on the bankruptcy courts will probably be minimal, but only time will tell.

There is one thing that no Supreme Court justice can affect on the bankruptcy court and that’s your bankruptcy.  The preparation your attorney does in your behalf will have far more influence than any Supreme Court case.   If you are interested in discussing your case with an attorney who makes it his business to be prepared for everything please e-mail me at Jim@PAdebt911.com or call me at 484-661-2891 to schedule your free, no obligation consultation.