Section 110 of the United States Bankruptcy code provides that a non-attorney can assist in the preparation of the bankruptcy petition. The United States Trustees Office job is to enforce this code. Just Imagine, Congress has made a provision that allows anyone to create bankruptcies – even non-lawyers!
However, many cases of fraud and abuse have occurred because there is no training or organizational assistance available for anyone deciding that they will buck the hassles and become a bankruptcy petition preparer. Worse are the problems created for clients by unskilled preparers that ultimately can be trouble with the Trustee.
For Arizona bankruptcy filers throwing trust at a preparer, there are a bit more safeguards. Effective July 1, 2003, all individuals and businesses preparing legal documents without the supervision of an attorney in good standing with the State Bar of Arizona, must be certified pursuant to Rule 31, and Arizona Codes of Judicial Administration § 7-208 and § 7-201.
Preparers must attend the Legal Document Preparer Program which certifies non-attorney legal document preparers in Arizona who provide document preparation assistance and services to individuals and entities not represented by an attorney. Legal Document Preparers may provide general legal information but may not give legal advice.
Further, the Arizona Code of Judicial Administration §7-208 L (2)(a) requires all certified legal document preparers attend a minimum of ten hours of approved continuing education each year between May 1st and April 30th of the following year, for a total of no less than twenty hours of continuing education completed on or before April 30th of every odd numbered year.
Of course, there is no substitute for real legal advice from an experienced Arizona bankruptcy attorney. When filing for bankruptcy in Arizona, it is critical to seek guidance from an experienced and caring Arizona bankruptcy attorney who can guide you through the process and give personalized advice on your Arizona bankruptcy case.





