“Is that legal advice?” is the question every bankruptcy petition preparer and virtual bankruptcy assistant should ask before answering a debtor. This page is a quick-reference cheat sheet: a simple test, then twelve common debtor questions with a safe response for each. For the full explanation of where the line sits, and why, read our complete guide, Unauthorized Practice of Law: What Bankruptcy Petition Preparers and VBAs Can and Can't Say.
Is that legal advice? A quick test
Ask yourself three questions before you answer:
- Does the answer depend on the debtor's particular facts and the law? If yes, it is probably legal advice.
- Am I being asked what the debtor should do, or what will happen? Recommendations and predictions are advice.
- Could the debtor lose something if I'm wrong? If yes, it belongs to the attorney.
General, factual, clerical information (what a form is called, where to find a document, what the attorney's office hours are) is fine. Applying the law to this debtor is not.
The cheat sheet
| The debtor asks… | Safe response |
|---|---|
| “Should I file Chapter 7 or 13?” | “That's a question for your attorney. I'm noting it and making sure they have every number they need.” |
| “Will I lose my house or car?” | “I can't predict that. Your attorney can. I've flagged it as your top concern.” |
| “Will all my debts be wiped out?” | “Which debts are discharged depends on the law and your situation, so your attorney will explain it. I'll make sure every debt is listed.” |
| “Can I keep my tax refund?” | “That's for your attorney. I'll make sure the petition shows what you expect and when.” |
| “Should I pay my family back first?” | “Please don't pay or transfer anything before you talk to your attorney. I'm letting them know today.” |
| “Do I have to list that old debt?” | “The petition asks for all debts and is signed under oath, so I need to list it. Your attorney decides how it's handled.” |
| “Is this asset exempt?” | “That's your attorney's call. I'll record the facts and the value with the source.” |
| “Will bankruptcy ruin my credit?” | “Your attorney can talk about how it affects you. For general information, see [the firm's resources].” |
| “How long will this take?” | “I can tell you where we are and what I need from you. The attorney can tell you the court's timeline for your case.” |
| “What will the trustee ask me?” | “Your attorney will prepare you. Meanwhile, you can read about the process here” (link to a general explainer such as our 341 meeting guide). |
| “Can you just tell me what to put for the value?” | “I can show you how to find a reliable value and I'll record the source, and your attorney reviews it.” (Factual help is fine.) |
| “Can you be my lawyer, or go to court with me?” | “I'm not an attorney, so I can't. I help your attorney prepare your paperwork.” |
Wording that keeps you safe
- Say “I'm not an attorney” early, and don't hesitate to say it again.
- Avoid “you should,” “you shouldn't,” “you'll be fine,” and “don't worry.” They sound reassuring and cross the line.
- Use “your attorney will” for anything about the outcome.
- Offer something you can do: “What I can do is…” keeps the conversation useful.
- Document every question that needed attorney attention, and send it the same day.
Be careful with titles and credentials
A training certificate shows you completed a course. It is not a license, and it doesn't expand what you may say. Avoid “licensed,” avoid “legal” in your business name and ads, and don't claim to be “accredited” unless a recognized accrediting body accredited the program. See Is Bankruptcy Petition Certification Worth It? and The Difference Between a Paralegal and a Virtual Bankruptcy Assistant.
Share it with your team
If you work in a firm or an agency, print this cheat sheet for everyone who talks to debtors, and agree on the exact wording. Consistency is protection. For building a team, see our Bankruptcy Petition Agency Training & Certification.
Learn to prepare petitions the right way. The Chapter 7 & 13 Bankruptcy Petition Specialist Certification teaches you what goes on every form, and how to flag the issues that belong in front of an attorney. Want a look first? Download the free petition preparer training guide.
Frequently asked questions
Is explaining a form legal advice?
Reading a question and saying what information it requests is generally fine. Explaining what the answer means for the debtor's case is not.
Can I give out the attorney's advice?
You can pass along a message the attorney has approved, word for word, but don't add your own interpretation.
What if the debtor is upset or in a hurry?
Stay kind, stay on script, and tell the attorney's office the debtor needs a call as soon as possible.
This article is general education for bankruptcy professionals, not legal advice. Rules about the unauthorized practice of law vary by state. Confirm with the supervising attorney. Questions about 713 Training? See the FAQ.